New Mexico 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 particular gender and that the work atmosphere is not overly sexual.
What Must be Proven in a Discrimination Claim?
Discrimination happens 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 Carlsbad 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 encompasses all unwanted sexual behavior, whether verbal or physical, directed at the victim. A Carlsbad 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 Mexico employers who allow conduct to produce an overly sexual work atmosphere may also be held liable for sexual harassment. It is normally somewhat hard to prove gender discrimination if you don't have an attorney, because certain aspects such as proving intent can be complex. Pursuing a claim also involves following procedures, many of which can be detailed.