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 certain gender and that the work atmosphere is not overly sexual.
What Must be Proven in a Discrimination Claim?
Discrimination happens 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. A discrimination claim may also succeed when employers in Utica 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 encompasses all unwanted sexual behavior, whether verbal or physical, directed at the victim. An employer in Utica might also possibly be held liable for inappropriate behavior that was conducted by an employee's co-worker.
New York employers might also be liable for permitting conduct to lead to a work environment that is overly sexual. The specific details for proving intent to discrimination can be complicated, and so gender discrimination might be difficult to prove without an attorney. The procedures for filing can also be complex.