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 also must ensure that working environments are not hostile or biased towards a certain gender, and that it is not of an overtly sexual atmosphere.
What Must be Proven in a Discrimination Claim?
Discrimination can be proven under the Equal Pay act if both men and women do the same type of work for the same employer but are nonetheless paid in different amounts. Discrimination claims in Newport News 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 consists of all unwanted conduct of a sexual nature directed towards the victim, and includes both physical and verbal acts. Employers in Newport News may be held liable for the sexual harassment, even when it was a co-worker who really engaged in the conduct.
Virginia employers may also be held liable for sexual harassment if it permits conduct that leads to an overly sexual work environment. 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.