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 York County 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?
Sexual harassment consists of any unwanted conduct of a sexual nature directed towards the victim, and includes both physical and verbal acts. Employers in New York County might be held liable for the sexual harassment, even when it was a co-worker who really engaged in the conduct.
New York employers can also be held liable for sexual harassment if it allows conduct that leads to an overly sexual work environment. It is normally somewhat hard to prove gender discrimination if you don't have an attorney, because certain aspects such as proving intent can be complex. Pursuing a claim also involves following procedures, many of which can be detailed.