Employers in Maine are banned from discriminating against employees on the basis of gender under the Civil Rights Act of 1963 and the Equal Pay Act. Consequently employers cannot use sex or gender as a basis for determinations regarding wages, hiring policies, or promotion policies. They must also ensure that the workplace environment is not hostile to a certain gender and that it is not overly sexual.
What Must be Proven in a Discrimination Claim?
Discrimination happens according to the Equal Pay Act if both men and women are working in the same job and performing the same tasks, yet receive different wages. A discrimination claim may also succeed when employers in Bath hire only one particular gender, issues promotions based on gender, or retaliates against persons who seek relief for employer misconduct.
When is Sexual Harassment Prohibited?
Sexual harassment encompasses all unwanted sexual behavior, whether verbal or physical, directed at the victim. Employers in Bath may also be liable for the behavior, even when the conduct was done by an employee's co-worker.
A Maine employer might 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.