In Texas, discrimination by employers that is based on gender is prohibited by the Civil Rights Act of 1963 and the Equal Pay Act. As such, employers may not use make any determinations based on gender in any areas such as wage amounts, hiring, and promotion criteria. 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?

Discrimination occurs according to the Equal Pay Act if both men and women are working in the same job and performing the same tasks, yet receive different wages. A discrimination claim may also succeed when employers in Santa Fe hire only one specific gender, issues promotions based on gender, or retaliates against persons who seek relief for employer misconduct.

When is Sexual Harassment Prohibited?

Physical or verbal acts of a sexual nature that are unwelcome to the victim are considered to be sexual harassment. An employer in Santa Fe may also potentially be held liable for inappropriate behavior that was conducted by an employee's co-worker.

If the employer allows conduct to create an overly sexual work environment, they might be held liable for sexual harassment in Texas. Without a lawyer, it can be difficult to prove gender discrimination because the details in proving intent are often complicated. Also, there can be specific procedures that must be closely followed in pursuing a claim.