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?
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 given different wages. Furthermore, a claim may prevail if an employer in Essex County hires only one gender, promotes workers because of their gender, or retaliates against those seeking relief for this misconduct.
When is Sexual Harassment Prohibited?
Any unwelcome sexual behavior directed at the victim, including physical or verbal acts, is considered to be sexual harassment. An employer in Essex County may also potentially be held liable for inappropriate behavior that was conducted by an employee's co-worker.
New Jersey employers can also be held liable for sexual harassment if it allows conduct that leads to an overly sexual work environment. Without a lawyer, it can be difficult to prove gender discrimination because the details in proving intent are often complicated. Furthermore, there can be specific procedures that must be closely followed in pursuing a claim.