Employers in Missouri are prohibited from discriminating against employees on the basis of gender under the Civil Rights Act of 1963 and the Equal Pay Act. As such, employers may not use make any determinations based on gender in any areas such as wage amounts, hiring, and 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?
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. Discrimination claims in De Soto 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?
Sexual harassment includes any unwanted sexual behavior, whether verbal or physical, directed at the victim. An employer in De Soto could also potentially be held liable for inappropriate behavior that was conducted by an employee's co-worker.
Missouri employers may also be liable for allowing conduct to lead to a work 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.