In Texas, discrimination by employers that is based on gender is prohibited by the Civil Rights Act of 1963 and the Equal Pay Act. Accordingly, gender may not be the basis for any employer decisions regarding pay, hiring policies, or promotion policies. They must also ensure that the workplace environment is not hostile to a particular gender and that it is not overly sexual.
What Must be Proven in a Discrimination Claim?
The Equal Pay Act allows discrimination to be proven if it can be shown that both men and women work for the same employer doing the same tasks, and yet are paid differently. Employers in Aransas Pass may also be held liable in a discrimination claim if their hiring and promotion policies favor one gender, or if the they take retaliatory action against a worker who files a complaint against their employer.
When is Sexual Harassment Prohibited?
Any unwelcome sexual behavior directed at the victim, including physical or verbal acts, is considered to be sexual harassment. An Aransas Pass employer may be held liable for the unwelcome conduct, even if it was an employee's co-worker who engaged in the sexual harassment.
Texas employers who allow conduct to produce an overly sexual work atmosphere might 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. Furthermore, there can be specific procedures that must be closely followed in pursuing a claim.