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 policies. 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 nonetheless paid in different amounts. Discrimination claims in Yorktown Heights 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. Employers in Yorktown Heights might be held liable for the sexual harassment, even when it was a co-worker who really engaged in the conduct.

If the employer allows conduct to create an overly sexual work environment, they might be held liable for sexual harassment in New York. It is normally somewhat hard to prove gender discrimination if you don't have an attorney, because certain aspects such as proving intent can be complex. Pursuing a claim also involves following procedures, many of which can be detailed.