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 policies, or promotion policies. They must also ensure that the workplace environment is not hostile to a certain gender and that it 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. Employers in Canastota will 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?
All unwelcome sexual behavior directed at the victim, including physical or verbal acts, is considered to be sexual harassment. Employers in Canastota may also be liable for the behavior, even when the conduct was done by an employee's co-worker.
New York employers may also be held liable for sexual harassment if it permits conduct that leads to an overly sexual work environment. 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.