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?
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 paid different wages. Also, discrimination can be proven if the employer in St. Albans is only hiring or issuing promotions based on one gender. A claim will also prevail if the employer retaliates against workers who seek relief for discrimination.
When is Sexual Harassment Prohibited?
Physical or verbal acts of a sexual nature that are unwelcome to the victim are regarded to be sexual harassment. An employer in St. Albans might be liable for such conduct, even when it is simply other co-workers that have engaged in harassment.
If the employer permits conduct to create an overly sexual work environment, they may be held liable for sexual harassment in West Virginia. It can be difficult 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.