Employers in Massachusetts are banned from discriminating against employees on the basis of gender under the Civil Rights Act of 1963 and the Equal Pay Act. Therefore, gender may not be the basis for any employer decisions regarding pay, hiring policies, or promotion requirements. They are also required to ensure that working conditions are not hostile toward any one gender and that the environment is not overtly sexual.

What Must be Proven in a Discrimination Claim?

Discrimination can be proven under the Equal Pay act if both men and women do the same type of work for the same employer but are nevertheless paid in different amounts. Employers in Acushnet will also be held liable in a discrimination claim if their hiring and promotion policies favor one gender, or if the they take retaliatory action against a worker who files a complaint against their employer.

When is Sexual Harassment Prohibited?

Sexual harassment consists of all unwanted conduct of a sexual nature directed towards the victim, and includes both physical and verbal acts. Employers in Acushnet may be held liable for the sexual harassment, even when it was a co-worker who actually engaged in the conduct.

Massachusetts employers may also be held liable for sexual harassment if it permits conduct that leads to an overly sexual work environment. The specific details for proving intent to discrimination can be complicated, and so gender discrimination might be difficult to prove without an attorney. The procedures for filing can also be complex.