In Utah, discrimination by employers that is based on gender is banned by the Civil Rights Act of 1963 and the Equal Pay Act. As such, employers can not use make any determinations based on gender in any areas such as wage amounts, hiring, and promotion criteria. They are also required to make sure that the working environment is neither hostile to a specific gender nor overtly sexual.
What Must be Proven in a Discrimination Claim?
Discrimination happens 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. Discrimination claims in Santa Clara can be shown where the employer only hires one gender, promotes employees on the basis of gender, or acts in retaliation against a worker who has complained of employer misconduct.
When is Sexual Harassment Prohibited?
Sexual harassment encompasses all unwanted sexual behavior, whether verbal or physical, directed at the victim. An employer in Santa Clara can also possibly be held liable for inappropriate behavior that was conducted by an employee's co-worker.
If the employer permits conduct to create an overly sexual work environment, they may be held liable for sexual harassment in Utah. 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.