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 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?

Discrimination can be proven under the Equal Pay act if both men and women do the same type of work for the same employer but are nonetheless paid in different amounts. Furthermore, a claim may succeed if an employer in Tyngsborough 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 Tyngsborough may also be liable for the behavior, even when the conduct was done by an employee's co-worker.

A Massachusetts employer can also be liable for harassment if they allow conduct to lead to an environment that is overly sexual. Without a lawyer, it can be difficult to prove gender discrimination because the details in proving intent are often complicated. Furthermore, there can be specific procedures that must be closely followed in pursuing a claim.