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 policies. 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?

Under the Equal Pay Act, discrimination is proven when both men and women do the same type of work in the same job and yet are paid different wages. Furthermore, a claim may succeed if an employer in Bellingham hires only one gender, promotes workers because of their gender, or retaliates against those seeking relief for this misconduct.

When is Sexual Harassment Prohibited?

All unwelcome sexual behavior directed at the victim, including physical or verbal acts, is considered to be sexual harassment. A Bellingham employer can be held liable for the unwelcome conduct, even if it was an employee's co-worker who engaged in the sexual harassment.

Massachusetts employers who allow conduct to produce an overly sexual work atmosphere may also be held liable for sexual harassment. Gender discrimination is normally 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.