Discrimination based on gender is prohibited for employers in West Virginia according to the Civil Rights Act of 1963, as well as the Equal Pay Act. Accordingly, 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 atmosphere 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 given different wages. Also, discrimination can be proven if the employer in Buckhannon is only hiring or issuing promotions based on one gender. A claim will also succeed if the employer retaliates against workers who seek relief for discrimination.

When is Sexual Harassment Prohibited?

Sexual harassment includes any unwanted sexual behavior, whether verbal or physical, directed at the victim. An employer in Buckhannon may also potentially be held liable for inappropriate behavior that was conducted by an employee's co-worker.

West Virginia employers may also be liable for allowing conduct to lead to a work environment that is overly sexual. The specific details for proving intent to discrimination can be complicated, and so gender discrimination might be difficult to prove without an attorney. The procedures for filing can also be complex.