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 must also make sure that working environments will not be hostile towards a particular gender and that the work atmosphere is not overly sexual.
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. A discrimination claim may also succeed when employers in Northampton County 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. A Northampton County 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. Gender discrimination is normally difficult to prove without a lawyer because the specifics of proving intent can be complicated. There are also detailed procedures that must be followed when pursuing a claim.