New Jersey 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. In accordance, employers may not take gender into account when making decisions regarding wages, hiring, or promotions. 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 Barnegat 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. A Barnegat employer could be held liable for the unwelcome conduct, even if it was an employee's co-worker who engaged in the sexual harassment.

A New Jersey employer could also be liable for harassment if they allow conduct to lead to an environment that is overly sexual. Without a lawyer, it can be difficult to prove gender discrimination because the details in proving intent are often complicated. Also, there can be specific procedures that must be closely followed in pursuing a claim.