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 certain gender nor overtly 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. Furthermore, a claim may prevail if an employer in Herkimer hires only one gender, promotes workers because of their gender, or retaliates against those seeking relief for this misconduct.

When is Sexual Harassment Prohibited?

Any unwelcome sexual behavior directed at the victim, including physical or verbal acts, is considered to be sexual harassment. An employer in Herkimer may also potentially be held liable for inappropriate behavior that was conducted by an employee's co-worker.

New York employers can also be held liable for sexual harassment if it allows 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 hard to prove without an attorney. The procedures for filing can also be complex.