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 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?
Discrimination can be proven under the Equal Pay act if both men and women do the same type of work for the same employer but are still paid in different amounts. Discrimination claims in Smithtown 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 includes any unwanted sexual behavior, whether verbal or physical, directed at the victim. A Smithtown employer could be held liable for the unwelcome conduct, even if it was an employee's co-worker who engaged in the sexual harassment.
A New York employer could also be liable for harassment if they allow conduct to lead to an environment that is overly sexual. It can be challenging 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.