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. 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 particular gender and that it is not overly sexual.
What Must be Proven in a Discrimination Claim?
Discrimination occurs 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. Discrimination claims in Grafton can be proven 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 encompasses any unwelcome or unwanted conduct of a sexual nature that is directed at the victim, whether it is physical or verbal. Employers in Grafton might be held liable for the sexual harassment, even when it was a co-worker who directly engaged in the conduct.
If the employer allows conduct to create an overly sexual work environment, they might be held liable for sexual harassment in West Virginia. It is typically somewhat challenging to prove gender discrimination if you don't have an attorney, because certain aspects such as proving intent can be complex. Pursuing a claim also involves following procedures, many of which can be detailed.