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 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. Discrimination claims in Fulton can be shown where the employer only hires one gender, promotes employees on the basis of gender, or acts in retaliation against a worker who has complained of employer misconduct.

When is Sexual Harassment Prohibited?

Sexual harassment consists of all unwanted conduct of a sexual nature directed towards the victim, and includes both physical and verbal acts. An employer in Fulton can also possibly be held liable for inappropriate behavior that was conducted by an employee's co-worker.

New York employers who allow conduct to produce an overly sexual work atmosphere may also be held liable for sexual harassment. Without a lawyer, it can be difficult to prove gender discrimination because the details in proving intent are often complicated. Additionally, there can be specific procedures that must be closely followed in pursuing a claim.