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 particular 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 nonetheless paid differently. Also, discrimination can be proven if the employer in Oyster Bay 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?

All unwelcome sexual behavior directed at the victim, including physical or verbal acts, is considered to be sexual harassment. Employers in Oyster Bay may also be liable for the behavior, even when the conduct was done by an employee's co-worker.

A New York employer can also be liable for harassment if they allow conduct to lead to an environment that is overly sexual. The specific details for proving intent to discrimination can be complicated, and so gender discrimination might be hard to prove without an attorney. The procedures for filing can also be complex.