In Virginia, 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 requirements. They also must ensure that working environments are not hostile or biased towards a particular gender, and that it is not of an overtly sexual atmosphere.
What Must be Proven in a Discrimination Claim?
Under the Equal Pay act, discrimination can be proven if men and women both work in the same place, do the same job, but are still paid differently. A discrimination claim may also succeed when employers in Fairfax County 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. A Fairfax County employer could be held liable for the unwelcome conduct, even if it was an employee's co-worker who engaged in the sexual harassment.
Virginia employers can also be held liable for sexual harassment if it allows conduct that leads to an overly sexual work environment. Without a lawyer, it can be difficult to prove gender discrimination because the details in proving intent are often complicated. Additionally, there can be specific procedures that must be closely followed in pursuing a claim.