In Pennsylvania, discrimination by employers that is based on gender is prohibited by the Civil Rights Act of 1963 and the Equal Pay Act. Accordingly, employers may not take sex into account when they determine pay, hire new workers, or promote within the company. They also must ensure that working environments are not hostile or biased towards a particular gender, and that it is not of an overtly sexual atmosphere.
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 nevertheless paid in different amounts. Discrimination claims in Clearfield 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 consists of any unwanted conduct of a sexual nature directed towards the victim, and includes both physical and verbal acts. An employer in Clearfield may also potentially be held liable for inappropriate behavior that was conducted by an employee's co-worker.
Pennsylvania employers who allow conduct to produce an overly sexual work atmosphere might also be held liable for sexual harassment. 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.