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 criteria. They are also required to make sure that the working environment is neither hostile to a particular gender nor overtly sexual.
What Must be Proven in a Discrimination Claim?
Under the Equal Pay Act, discrimination is proven when both men and women do the same type of work in the same job and yet are given different wages. Also, discrimination can be proven if the employer in Harlingen is only hiring or issuing promotions based on one gender. A claim will also succeed if the employer retaliates against workers who seek relief for discrimination.
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 employer in Harlingen may be liable for such conduct, even when it is simply other co-workers that have engaged in harassment.
If the employer allows conduct to create an overly sexual work environment, they might be held liable for sexual harassment in Texas. It can be challenging to prove gender discrimination without first obtaining a lawyer, since specifics such as proving intent can often be complicated. There might also be procedures that must be followed in detail when one pursues a claim.