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 Barre 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?

Physical or verbal acts of a sexual nature that are unwelcome to the victim are considered to be sexual harassment. A Barre employer may be held liable for the unwelcome conduct, even if it was an employee's co-worker who engaged in the sexual harassment.

A Massachusetts employer may also be liable for harassment if they allow conduct to lead to an environment that is overly sexual. 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.