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 Carlisle 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 all unwanted conduct of a sexual nature directed towards the victim, and includes both physical and verbal acts. Employers in Carlisle may also be liable for the behavior, even when the conduct was done by an employee's co-worker.
Massachusetts employers may also be held liable for sexual harassment if it permits conduct that leads to an overly sexual work environment. It is normally somewhat hard to prove gender discrimination if you don't have an attorney, because certain aspects such as proving intent can be complex. Pursuing a claim also involves following procedures, many of which can be detailed.