New York 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. Consequently employers cannot use sex or gender as a basis for determinations regarding wages, hiring procedures, or promotion policies. They must also ensure that the workplace environment is not hostile to a particular gender and that it is not overly sexual.
What Must be Proven in a Discrimination Claim?
Discrimination occurs 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. A discrimination claim may also succeed when employers in Auburn hire only one specific gender, issues promotions based on gender, or retaliates against persons who seek relief for employer misconduct.
When is Sexual Harassment Prohibited?
Sexual harassment includes any unwanted sexual behavior, whether verbal or physical, directed at the victim. Employers in Auburn might also be liable for the behavior, even when the conduct was done by an employee's co-worker.
New York employers may also be liable for allowing conduct to lead to a work environment that is overly sexual. It is typically somewhat challenging 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.