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. As such, employers may not use make any determinations based on gender in any areas such as wage amounts, hiring, and promotion requirements. They must also ensure that the workplace environment is not hostile to a particular gender and that it 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. Also, discrimination can be proven if the employer in Yonkers is only hiring or issuing promotions based on one gender. A claim will also succeed if the employer retaliates against workers who seek relief for discrimination.
When is Sexual Harassment Prohibited?
Sexual harassment encompasses any unwelcome or unwanted conduct of a sexual nature that is directed at the victim, whether it is physical or verbal. Employers in Yonkers might also be liable for the behavior, even when the conduct was done by an employee's co-worker.
If the employer allows conduct to create an overly sexual work environment, they might be held liable for sexual harassment in New York. Without a lawyer, it can be difficult to prove gender discrimination because the details in proving intent are often complicated. Additionally, there can be specific procedures that must be closely followed in pursuing a claim.