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 certain gender nor overtly sexual.
What Must be Proven in a Discrimination Claim?
Under the Equal Pay Act, discrimination is proven when both men and women do the same type of work in the same job and yet are paid different wages. Also, discrimination can be proven if the employer in Medina is only hiring or issuing promotions based on one gender. A claim will also prevail if the employer retaliates against workers who seek relief for discrimination.
When is Sexual Harassment Prohibited?
Sexual harassment encompasses all unwanted sexual behavior, whether verbal or physical, directed at the victim. Employers in Medina may also be liable for the behavior, even when the conduct was done by an employee's co-worker.
If the employer permits conduct to create an overly sexual work environment, they may be held liable for sexual harassment in New York. Without a lawyer, it can be difficult to prove gender discrimination because the details in proving intent are often complicated. Furthermore, there can be specific procedures that must be closely followed in pursuing a claim.