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. Therefore, 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 environment is not overtly sexual.
What Must be Proven in a Discrimination Claim?
Under the Equal Pay Act, discrimination is proven when both men and women do the same type of work in the same job and yet are paid different wages. Also, a claim may succeed if an employer in Kinston hires only one gender, promotes workers because of their gender, or retaliates against those seeking relief for this misconduct.
When is Sexual Harassment Prohibited?
Physical or verbal acts of a sexual nature that are unwelcome to the victim are regarded to be sexual harassment. A Kinston employer might be held liable for the unwelcome conduct, even if it was an employee's co-worker who engaged in the sexual harassment.
North Carolina employers might also be liable for permitting conduct to lead to a work environment that is overly sexual. 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.