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 specific 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. Discrimination claims in New Windsor 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 New Windsor might be liable for such conduct, even when it is simply other co-workers that have engaged in harassment.
A New York employer might also be liable for harassment if they allow conduct to lead to an environment that is overly sexual. It can be difficult 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.