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 requirements. 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. Also, a claim may prevail if an employer in Dover hires only one gender, promotes workers because of their gender, or retaliates against those seeking relief for this misconduct.
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. An employer in Dover could also potentially be held liable for inappropriate behavior that was conducted by an employee's co-worker.
If the employer allows conduct to create an overly sexual work environment, they might be held liable for sexual harassment in Massachusetts. Gender discrimination is usually 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.