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means that demotions, differentials in pay, non-

promotions and other similar decisions could give rise to

a discrimination claim if an employee unhappy with the

decision can prove a discriminatory motive. Also, in

addition to the general laws against discrimination, there

are federal and state statutes that specifically prohibit

paying employees at different rates for equal or

comparable work based on gender. An employee can

make a claim under these laws without proving

discriminatory intent of she can prove unequal pay for

equal or comparable work and the employer cannot prove

a legitimate reason for the difference.

C. Exception: Constructive Discharge and Hostile
Work Environment

If an employer allows discriminatory harassment

in the workplace that effectively makes it untenable for a

12| Rules of the Road