Both Arkansas and the federal government have passed laws that prohibiting discrimination on the basis of specific protected characteristics. Government and private employers in Fort Smith can be held liable under state and federal law depending on what kind of trait the discriminatory treatment was based upon.
How Does Employment Discrimination Occur?
If an employee is a member of a legally protected class and their employer treats them unfairly because of that, the employer will be held liable for employment discrimination. Employers are prohibited from using specific traits to evaluate you such as national origin, religion, race, age, familial status, or gender. In order for a claim of employment discrimination to be successful, a Fort Smith, Arkansas plaintiff must show that his (or her) employer actively intended to treat him differently because of his protected status.
How can Employment Discrimination be Proven in Arkansas?
This can be proved when there is a history of the employer treating members of the class similarly, or if witnesses testify about the employer's statements which would constitute bias as understood by a reasonable person. Moreover, employers may be held liable for firing someone or retaliating against them because they brought a discrimination lawsuit.
Procedures for filing an employment discrimination claim are complicated, because they involve filing the claim with the corresponding agency. An Fort Smith, Arkansas attorney can help you file on time, as well as pursue any further remedies that may be available to you while your case is pending.