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?
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 still paid in different amounts. Additionally, a claim may prevail if an employer in West Springfield 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 encompasses any unwelcome or unwanted conduct of a sexual nature that is directed at the victim, whether it is physical or verbal. Employers in West Springfield might also be liable for the behavior, even when the conduct was done by an employee's co-worker.
Massachusetts employers can also be held liable for sexual harassment if it allows conduct that leads to an overly sexual work environment. 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.