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 requirements. 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. Also, a claim may succeed if an employer in Chelmsford 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. An employer in Chelmsford can also possibly be held liable for inappropriate behavior that was conducted by an employee's co-worker.
Massachusetts employers might also be liable for permitting conduct to lead to a work environment that is overly sexual. The specific details for proving intent to discrimination can be complicated, and so gender discrimination might be difficult to prove without an attorney. The procedures for filing can also be complex.