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 policies. 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 nonetheless paid differently. A discrimination claim may also succeed when employers in Fairfax 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 Fairfax may be liable for such conduct, even when it is simply other co-workers that have engaged in harassment.
A Virginia employer could also be liable for harassment if they allow conduct to lead to an environment that is overly sexual. It can be hard to prove gender discrimination without first obtaining a lawyer, since specifics such as proving intent can often be complicated. There might also be procedures that must be followed in detail when one pursues a claim.