Discrimination based on gender is prohibited for employers in West Virginia due to the Civil Rights Act of 1963, as well as the Equal Pay Act. Therefore, employers may not take sex into account when they determine pay, hire new workers, or promote within the company. They are also required to ensure that working conditions are not hostile toward any one gender and that the environment is not overtly sexual.
What Must be Proven in a Discrimination Claim?
Under the Equal Pay Act, discrimination is proven when both men and women do the same type of work in the same job and yet are paid different wages. A discrimination claim may also succeed when employers in Bluefield hire only one particular 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 regarded to be sexual harassment. An employer in Bluefield might also possibly be held liable for inappropriate behavior that was conducted by an employee's co-worker.
West Virginia employers may also be held liable for sexual harassment if it permits conduct that leads to an overly sexual work environment. The specific details for proving intent to discrimination can be complicated, and so gender discrimination might be challenging to prove without an attorney. The procedures for filing can also be complex.