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?
Under the Equal Pay Act, discrimination is proven when both men and women do the same type of work in the same job and yet are paid different wages. Discrimination claims in Waterboro can be shown where the employer only hires one gender, promotes employees on the basis of gender, or acts in retaliation against a worker who has complained of employer 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 Waterboro may be held liable for the sexual harassment, even when it was a co-worker who directly engaged in the conduct.
A Maine employer might 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 challenging to prove without an attorney. The procedures for filing can also be complex.