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 must also make sure that working environments will not be hostile towards a particular 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 nonetheless paid differently. Also, discrimination can be proven if the employer in Peabody is only hiring or issuing promotions based on one gender. A claim will also succeed if the employer retaliates against workers who seek relief for discrimination.
When is Sexual Harassment Prohibited?
Sexual harassment encompasses any unwelcome or unwanted conduct of a sexual nature that is directed at the victim, whether it is physical or verbal. An employer in Peabody may be liable for such conduct, even when it is simply other co-workers that have engaged in harassment.
If the employer allows conduct to create an overly sexual work environment, they might be held liable for sexual harassment in Massachusetts. It can be hard to prove gender discrimination without first obtaining a lawyer, since specifics such as proving intent can often be complicated. There might also be procedures that must be followed in detail when one pursues a claim.