The Civil Rights Act of 1963 and the Equal Pay Act prohibit employers in Arkansas from discriminating on the basis of gender. In accordance, employers may not take gender into account when making decisions regarding wages, hiring, or promotions. They are also required to ensure that working conditions are not hostile toward any one gender and that the atmosphere is not overtly 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 given different wages. Also, discrimination can be proven if the employer in Malvern is only hiring or issuing promotions based on one gender. A claim will also succeed 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 considered to be sexual harassment. An employer in Malvern may be liable for such conduct, even when it is simply other co-workers that have engaged in harassment.

Arkansas employers may also be liable for allowing conduct to lead to a work environment that is overly sexual. The specific details for proving intent to discrimination can be complicated, and so gender discrimination might be challenging to prove without an attorney. The procedures for filing can also be complex.