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 are also required to make sure that the working environment is neither hostile to a particular gender nor overtly sexual.

What Must be Proven in a Discrimination Claim?

Under the Equal Pay act, discrimination can be proven if men and women both work in the same place, do the same job, but are still paid differently. Also, discrimination can be proven if the employer in Fairport is only hiring or issuing promotions based on one gender. A claim will also succeed if the employer retaliates against workers who seek relief for discrimination.

When is Sexual Harassment Prohibited?

Sexual harassment encompasses any unwelcome or unwanted conduct of a sexual nature that is directed at the victim, whether it is physical or verbal. An employer in Fairport may be liable for such conduct, even when it is simply other co-workers that have engaged in harassment.

If the employer allows conduct to create an overly sexual work environment, they might be held liable for sexual harassment in New York. 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.