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 must also make sure that working environments will not be hostile towards a certain gender and that the work atmosphere is not overly sexual.
What Must be Proven in a Discrimination Claim?
Under the Equal Pay act, discrimination can be proven if men and women both work in the same place, do the same job, but are nevertheless paid differently. A discrimination claim may also succeed when employers in North Brunswick hire only one particular gender, issues promotions based on gender, or retaliates against persons who seek relief for employer misconduct.
When is Sexual Harassment Prohibited?
Sexual harassment includes all unwelcome or unwanted conduct of a sexual nature that is directed at the victim, whether it is physical or verbal. A North Brunswick employer can be held liable for the unwelcome conduct, even if it was an employee's co-worker who engaged in the sexual harassment.
New Jersey employers who allow conduct to produce an overly sexual work atmosphere may also be held liable for sexual harassment. 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.