Employers in Maryland 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?
The Equal Pay Act allows discrimination to be proven if it can be shown that both men and women work for the same employer doing the same tasks, and yet are paid differently. A discrimination claim may also succeed when employers in Frederick 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?
Sexual harassment includes any unwanted sexual behavior, whether verbal or physical, directed at the victim. A Frederick employer could be held liable for the unwelcome conduct, even if it was an employee's co-worker who engaged in the sexual harassment.
Maryland employers who allow conduct to produce an overly sexual work atmosphere might also be held liable for sexual harassment. Gender discrimination is typically 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.