In Virginia, 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. Employers in Arlington will 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?
All unwelcome sexual behavior directed at the victim, including physical or verbal acts, is considered to be sexual harassment. An Arlington employer might be held liable for the unwelcome conduct, even if it was an employee's co-worker who engaged in the sexual harassment.
Virginia employers may also be held liable for sexual harassment if it permits conduct that leads to an overly sexual work environment. It is usually somewhat difficult to prove gender discrimination if you don't have an attorney, because certain aspects such as proving intent can be complex. Pursuing a claim also involves following procedures, many of which can be detailed.