Employers in Michigan 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 make sure that working environments will not be hostile towards a particular gender and that the work atmosphere is not overly sexual.
What Must be Proven in a Discrimination Claim?
Discrimination can be proven under the Equal Pay act if both men and women do the same type of work for the same employer but are nonetheless paid in different amounts. Also, discrimination can be proven if the employer in Swartz Creek is only hiring or issuing promotions based on one gender. A claim will also prevail if the employer retaliates against workers who seek relief for discrimination.
When is Sexual Harassment Prohibited?
Sexual harassment encompasses all unwanted sexual behavior, whether verbal or physical, directed at the victim. Employers in Swartz Creek may also be liable for the behavior, even when the conduct was done by an employee's co-worker.
A Michigan employer might also be liable for harassment if they allow conduct to lead to an environment that is overly sexual. Gender discrimination is normally 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.