The Civil Rights Act of 1963 and the Equal Pay Act prohibit employers in Arkansas against 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 environment is not overtly sexual.
What Must be Proven in a Discrimination Claim?
Discrimination happens 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 Cherokee will 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?
Sexual harassment encompasses all unwanted sexual behavior, whether verbal or physical, directed at the victim. Employers in Cherokee may also be liable for the behavior, even when the conduct was done by an employee's co-worker.
If the employer permits conduct to create an overly sexual work environment, they may be held liable for sexual harassment in Arkansas. Without a lawyer, it can be difficult to prove gender discrimination because the details in proving intent are often complicated. Also, there can be specific procedures that must be closely followed in pursuing a claim.