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 certain gender and that the work atmosphere is not overly sexual.
What Must be Proven in a Discrimination Claim?
Discrimination occurs according to the Equal Pay Act if both men and women are working in the same job and performing the same tasks, yet receive different wages. Also, a claim may prevail if an employer in Suffern hires only one gender, promotes workers because of their gender, or retaliates against those seeking relief for this misconduct.
When is Sexual Harassment Prohibited?
Any unwelcome sexual behavior directed at the victim, including physical or verbal acts, is considered to be sexual harassment. An employer in Suffern may also potentially be held liable for inappropriate behavior that was conducted by an employee's co-worker.
New York employers who allow conduct to produce an overly sexual work atmosphere might also be held liable for sexual harassment. Without a lawyer, it can be difficult to prove gender discrimination because the details in proving intent are often complicated. Also, there can be specific procedures that must be closely followed in pursuing a claim.