Employers in Minnesota are banned from discriminating against employees on the basis of gender under the Civil Rights Act of 1963 and the Equal Pay Act. As such, employers can not use make any determinations based on gender in any areas such as wage amounts, hiring, and promotion requirements. 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?
The Equal Pay Act allows discrimination to be shown if it can be shown that both men and women work for the same employer doing the same tasks, and yet are paid differently. Employers in St. Joseph can 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?
Sexual harassment encompasses all unwanted sexual behavior, whether verbal or physical, directed at the victim. Employers in St. Joseph may be held liable for the sexual harassment, even when it was a co-worker who directly engaged in the conduct.
If the employer permits conduct to create an overly sexual work environment, they may be held liable for sexual harassment in Minnesota. It is typically somewhat challenging to prove gender discrimination if you don't have an attorney, because certain aspects such as proving intent can be complex. Pursuing a claim also involves following procedures, many of which can be detailed.