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. Discrimination claims in South Amboy can be shown 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 includes all unwelcome or unwanted conduct of a sexual nature that is directed at the victim, whether it is physical or verbal. An employer in South Amboy might be liable for such conduct, even when it is simply other co-workers that have engaged in harassment.
New Jersey employers who allow conduct to produce an overly sexual work atmosphere may also be held liable for sexual harassment. The specific details for proving intent to discrimination can be complicated, and so gender discrimination might be difficult to prove without an attorney. The procedures for filing can also be complex.