North Carolina employers must abide by the Civil Rights Act of 1963 and the Equal Pay Act, both of which prohibit discrimination on the basis of gender. Accordingly, employers may not take sex into account when they determine pay, hire new workers, or promote within the company. 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?
Discrimination occurs according to the Equal Pay Act if both men and women are working in the same job and performing the same tasks, yet receive different wages. A discrimination claim may also succeed when employers in Durham County hire only one specific gender, issues promotions based on gender, or retaliates against persons who seek relief for 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 Durham County could also potentially be held liable for inappropriate behavior that was conducted by an employee's co-worker.
North Carolina employers may also be liable for allowing conduct to lead to a work environment that is overly sexual. Gender discrimination is typically 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.