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 criteria. They must also make sure that working environments will not be hostile towards a specific gender and that the work atmosphere is not overly sexual.
What Must be Proven in a Discrimination Claim?
Under the Equal Pay act, discrimination can be proven if men and women both work in the same place, do the same job, but are still paid differently. A discrimination claim may also succeed when employers in Methuen hire only one specific gender, issues promotions based on gender, or retaliates against persons who seek relief for employer 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 Methuen may be liable for such conduct, even when it is simply other co-workers that have engaged in harassment.
Massachusetts employers may also be liable for allowing 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 challenging to prove without an attorney. The procedures for filing can also be complex.