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?

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 given different wages. Discrimination claims in New Hempstead can be proven 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?

Any unwelcome sexual behavior directed at the victim, including physical or verbal acts, is considered to be sexual harassment. An employer in New Hempstead 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. It can be hard to prove gender discrimination without first obtaining a lawyer, since specifics such as proving intent can often be complicated. There might also be procedures that must be followed in detail when one pursues a claim.