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 must also make sure that working environments will not be hostile towards a specific gender and that the work atmosphere is not overly sexual.

What Must be Proven in a Discrimination Claim?

Under the Equal Pay act, discrimination can be proven if men and women both work in the same place, do the same job, but are still paid differently. A discrimination claim may also succeed when employers in Oneonta hire only one particular gender, issues promotions based on gender, or retaliates against persons who seek relief for employer misconduct.

When is Sexual Harassment Prohibited?

Sexual harassment includes all unwelcome or unwanted conduct of a sexual nature that is directed at the victim, whether it is physical or verbal. Employers in Oneonta may also be liable for the behavior, even when the conduct was done by an employee's co-worker.

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