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. In accordance, employers may not take gender into account when making decisions regarding wages, hiring, or promotions. They must also ensure that the workplace environment is not hostile to a certain gender and that it is not overly sexual.

What Must be Proven in a Discrimination Claim?

Discrimination happens according to the Equal Pay Act if both men and women are working in the same job and performing the same tasks, yet receive different wages. A discrimination claim may also succeed when employers in Dunbar 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?

Sexual harassment includes all unwelcome or unwanted conduct of a sexual nature that is directed at the victim, whether it is physical or verbal. An employer in Dunbar might be liable for such conduct, even when it is simply other co-workers that have engaged in harassment.

West Virginia employers might also be liable for permitting conduct to lead to a work environment that is overly sexual. It can be challenging 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.