Employers in Massachusetts are prohibited from discriminating against employees on the basis of gender under the Civil Rights Act of 1963 and the Equal Pay Act. Accordingly, gender may not be the basis for any employer decisions regarding pay, hiring policies, or promotion criteria. They are also required to ensure that working conditions are not hostile toward any one gender and that the atmosphere 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 still paid in different amounts. Employers in Amesbury can 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 any unwanted conduct of a sexual nature directed towards the victim, and includes both physical and verbal acts. Employers in Amesbury might also be liable for the behavior, even when the conduct was done by an employee's co-worker.

Massachusetts employers can also be held liable for sexual harassment if it allows conduct that leads to an overly sexual work environment. Without a lawyer, it can be difficult to prove gender discrimination because the details in proving intent are often complicated. Additionally, there can be specific procedures that must be closely followed in pursuing a claim.