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 specific gender and that the work atmosphere is not overly sexual.
What Must be Proven in a Discrimination Claim?
The Equal Pay Act allows discrimination to be proven if it can be shown that both men and women work for the same employer doing the same tasks, and yet are paid differently. Additionally, a claim may prevail if an employer in Gallup 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 Gallup could also potentially be held liable for inappropriate behavior that was conducted by an employee's co-worker.
New Mexico employers who allow conduct to produce an overly sexual work atmosphere might also be held liable for sexual harassment. Gender discrimination is typically difficult to prove without a lawyer because the specifics of proving intent can be complicated. There are also detailed procedures that must be followed when pursuing a claim.