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 criteria. They are also required to ensure that working conditions are not hostile toward any one gender and that the atmosphere is not overtly sexual.
What Must be Proven in a Discrimination Claim?
Under the Equal Pay act, discrimination can be proven if men and women both work in the same place, do the same job, but are nevertheless paid differently. Also, discrimination can be proven if the employer in O'fallon is only hiring or issuing promotions based on one gender. A claim will also succeed if the employer retaliates against workers who seek relief for discrimination.
When is Sexual Harassment Prohibited?
Sexual harassment encompasses any unwelcome or unwanted conduct of a sexual nature that is directed at the victim, whether it is physical or verbal. Employers in O'fallon might be held liable for the sexual harassment, even when it was a co-worker who actually engaged in the conduct.
If the employer allows conduct to create an overly sexual work environment, they might be held liable for sexual harassment in Missouri. Gender discrimination is usually 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.