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 must also make sure that working environments will not be hostile towards a specific gender and that the work atmosphere is not overly sexual.
What Must be Proven in a Discrimination Claim?
Under the Equal Pay act, discrimination can be proven if men and women both work in the same place, do the same job, but are still paid differently. Discrimination claims in Sherwood can be proven where the employer only hires one gender, promotes employees on the basis of gender, or acts in retaliation against a worker who has complained of employer misconduct.
When is Sexual Harassment Prohibited?
Any unwelcome sexual behavior directed at the victim, including physical or verbal acts, is considered to be sexual harassment. An employer in Sherwood could also potentially be held liable for inappropriate behavior that was conducted by an employee's co-worker.
Arkansas employers who allow conduct to produce an overly sexual work atmosphere might also be held liable for sexual harassment. 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.