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. Employers in Kanawha County may also be held liable in a discrimination claim if their hiring and promotion policies favor one gender, or if the they take retaliatory action against a worker who files a complaint against their employer.
When is Sexual Harassment Prohibited?
Physical or verbal acts of a sexual nature that are unwelcome to the victim are considered to be sexual harassment. A Kanawha County employer may be held liable for the unwelcome conduct, even if it was an employee's co-worker who engaged in the sexual harassment.
A West Virginia employer may also be liable for harassment if they allow conduct to lead to an environment that is overly sexual. Gender discrimination is normally difficult to prove without a lawyer because the specifics of proving intent can be complicated. There are also detailed procedures that must be followed when pursuing a claim.