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 policies. They are also required to make sure that the working environment is neither hostile to a certain gender nor overtly sexual.
What Must be Proven in a Discrimination Claim?
The Equal Pay Act allows discrimination to be shown if it can be shown that both men and women work for the same employer doing the same tasks, and yet are paid differently. Furthermore, a claim may succeed if an employer in Buena Vista hires only one gender, promotes workers because of their gender, or retaliates against those seeking relief for this misconduct.
When is Sexual Harassment Prohibited?
Sexual harassment includes all unwelcome or unwanted conduct of a sexual nature that is directed at the victim, whether it is physical or verbal. A Buena Vista employer can be held liable for the unwelcome conduct, even if it was an employee's co-worker who engaged in the sexual harassment.
Virginia employers who allow conduct to produce an overly sexual work atmosphere may also be held liable for sexual harassment. Gender discrimination is normally difficult to prove without a lawyer because the specifics of proving intent can be complicated. There are also detailed procedures that must be followed when pursuing a claim.