Employers in Michigan 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 also must ensure that working environments are not hostile or biased towards a particular gender, and that it is not of an overtly sexual atmosphere.
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 given different wages. Discrimination claims in Marshall can be proven 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?
Any unwelcome sexual behavior directed at the victim, including physical or verbal acts, is considered to be sexual harassment. An employer in Marshall may also potentially be held liable for inappropriate behavior that was conducted by an employee's co-worker.
Michigan employers can also be held liable for sexual harassment if it allows conduct that leads to an overly sexual work environment. 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.