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 Cabell County 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?
Any unwelcome sexual behavior directed at the victim, including physical or verbal acts, is considered to be sexual harassment. An employer in Cabell County may be liable for such conduct, even when it is simply other co-workers that have engaged in harassment.
West Virginia employers who allow conduct to produce an overly sexual work atmosphere might also be held liable for sexual harassment. 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.