Employers in Kentucky are prohibited from discriminating against employees on the basis of gender under the Civil Rights Act of 1963 and the Equal Pay Act. Accordingly, employers may not take sex into account when they determine pay, hire new workers, or promote within the company. They must also make sure that working environments will not be hostile towards a specific gender and that the work atmosphere is not overly sexual.
What Must be Proven in a Discrimination Claim?
The Equal Pay Act allows discrimination to be proven if it can be shown that both men and women work for the same employer doing the same tasks, and yet are paid differently. A discrimination claim may also succeed when employers in Fayette County hire only one specific gender, issues promotions based on gender, or retaliates against persons who seek relief for employer misconduct.
When is Sexual Harassment Prohibited?
Sexual harassment consists of any unwanted conduct of a sexual nature directed towards the victim, and includes both physical and verbal acts. An employer in Fayette County may also potentially be held liable for inappropriate behavior that was conducted by an employee's co-worker.
Kentucky employers who allow conduct to produce an overly sexual work atmosphere might also be held liable for sexual harassment. Gender discrimination is typically difficult to prove without a lawyer because the specifics of proving intent can be complicated. There are also detailed procedures that must be followed when pursuing a claim.