In Pennsylvania, discrimination by employers that is based on gender is banned by the Civil Rights Act of 1963 and the Equal Pay Act. In accordance, employers may not take gender into account when making decisions regarding wages, hiring, or promotions. They must also ensure that the workplace environment is not hostile to a certain gender and that it 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. Also, discrimination can be proven if the employer in Swarthmore is only hiring or issuing promotions based on one gender. A claim will also prevail if the employer retaliates against workers who seek relief for discrimination.
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. An employer in Swarthmore might be liable for such conduct, even when it is simply other co-workers that have engaged in harassment.
Pennsylvania employers who allow conduct to produce an overly sexual work atmosphere may also be held liable for sexual harassment. The specific details for proving intent to discrimination can be complicated, and so gender discrimination might be challenging to prove without an attorney. The procedures for filing can also be complex.