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. Employers in Buffalo may also be held liable in a discrimination claim if their hiring and promotion policies favor one gender, or if the they take retaliatory action against a worker who files a complaint against their employer.
When is Sexual Harassment Prohibited?
Sexual harassment includes any unwanted sexual behavior, whether verbal or physical, directed at the victim. Employers in Buffalo might be held liable for the sexual harassment, even when it was a co-worker who really engaged in the conduct.
A New York employer could also be liable for harassment if they allow conduct to lead to an environment that is overly sexual. It can be hard to prove gender discrimination without first obtaining a lawyer, since specifics such as proving intent can often be complicated. There might also be procedures that must be followed in detail when one pursues a claim.