North Dakota 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 must also make sure that working environments will not be hostile towards a particular gender and that the work atmosphere is not overly 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. Discrimination claims in Dickinson 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 encompasses any unwelcome or unwanted conduct of a sexual nature that is directed at the victim, whether it is physical or verbal. Employers in Dickinson might be held liable for the sexual harassment, even when it was a co-worker who really engaged in the conduct.
North Dakota employers who allow conduct to produce an overly sexual work atmosphere might also be held liable for sexual harassment. 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.