In Tennessee, discrimination by employers that is based on gender is banned by the Civil Rights Act of 1963 and the Equal Pay Act. Therefore, gender may not be the basis for any employer decisions regarding pay, hiring policies, or promotion requirements. 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. A discrimination claim may also succeed when employers in Sparta 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 Sparta employer might be held liable for the unwelcome conduct, even if it was an employee's co-worker who engaged in the sexual harassment.
A Tennessee employer might also be liable for harassment if they allow conduct to lead to an environment that is overly sexual. Gender discrimination is usually 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.