In Pennsylvania, discrimination by employers that is based on gender is banned by the Civil Rights Act of 1963 and the Equal Pay Act. Therefore, 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 certain gender, and that it is not of an overtly sexual atmosphere.
What Must be Proven in a Discrimination Claim?
The Equal Pay Act allows discrimination to be shown if it can be shown that both men and women work for the same employer doing the same tasks, and yet are paid differently. Additionally, a claim may succeed if an employer in Dubois hires only one gender, promotes workers because of their gender, or retaliates against those seeking relief for this misconduct.
When is Sexual Harassment Prohibited?
Sexual harassment includes all unwelcome or unwanted conduct of a sexual nature that is directed at the victim, whether it is physical or verbal. A Dubois employer can be held liable for the unwelcome conduct, even if it was an employee's co-worker who engaged in the sexual harassment.
Pennsylvania employers who allow conduct to produce an overly sexual work atmosphere may 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. Additionally, there can be specific procedures that must be closely followed in pursuing a claim.