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 policies. 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?

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 given different wages. Furthermore, a claim may prevail if an employer in Burlington hires only one gender, promotes workers because of their gender, or retaliates against those seeking relief for this 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. Employers in Burlington might be held liable for the sexual harassment, even when it was a co-worker who really engaged in the conduct.

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 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.