Employers in Maine are prohibited 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 procedures, or promotion policies. They must also ensure that the workplace environment is not hostile to a particular gender and that it is not overly sexual.
What Must be Proven in a Discrimination Claim?
Discrimination occurs 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. Employers in Kittery may also be held liable in a discrimination claim if their hiring and promotion policies favor one gender, or if the they take retaliatory action against a worker who files a complaint against their employer.
When is Sexual Harassment Prohibited?
Physical or verbal acts of a sexual nature that are unwelcome to the victim are considered to be sexual harassment. An employer in Kittery may be liable for such conduct, even when it is simply other co-workers that have engaged in harassment.
A Maine employer may also be liable for harassment if they allow conduct to lead to an environment that is overly sexual. The specific details for proving intent to discrimination can be complicated, and so gender discrimination might be hard to prove without an attorney. The procedures for filing can also be complex.