Workplace Discrimination in Arkansas

Discrimination is an all-too-familiar scenario for many in the workplace. Likewise, it is also the most common type of workplace lawsuit that workers file. An experienced Arkansas workplace discrimination attorney can help. Find out how.

What Is Workplace Discrimination?

Discrimination in the workplace deals with unfair treatment. These laws find their basis on factors such as race, gender, sexual orientation, physical disability, physical qualities, or age. Workplace discrimination can occur between employees or between employers and existing or prospective employees.

Arkansas Labor laws make some types of workplace discrimination illegal. If illegal discrimination occurs, workers may be able to file a workplace discrimination lawsuit. A worker does not need to currently have employment from a company to face qualifying discrimination. For instance, the company chose not to hire someone. If it’s because of a qualifying characteristic, the individual may become entitled to a claim.

Here are some of the most common types of discrimination that occur in the Arkansaswork environment:

  • Choosing not to hire someone because of their disability
  • Choosing not to promote someone because of their race
  • Excluding someone from a project because management says they’re too old
  • Making misogynistic comments about women
  • Deliberately paying men more than women because the boss values their work more

Should You File a Complaint With the HR Department or the EEOC?

Most Arkansas companies have a human resources department and discrimination in the workplace falls within their portfolio. For that reason, raising concerns with the appropriate HR representative may include filing a written report, a possible sit-down interview, and an investigation.

Sometimes a company does not have a human resources department and there are no policies in place. To resolve the issue, you might take your concerns directly to the Equal Employment Opportunity Commission. They can assist you in investigating the claim and possibly filing a lawsuit.

Your employer will receive a copy of the complaint within 10 days of filing in Arkansas. After this the EEOC will decide the merits of the claim, and they will then decide to investigate, mediate, or dismiss the claim. If they investigate and find evidence of discrimination they will attempt to settle with the parties.

What Laws Protect Against Discrimination in the Workplace?

There are federal workplace discrimination laws that help to protect employees. On a federal level, Arkansas employees have protections from discrimination under Title VII of the Civil Rights Act of 1964. However, many states have even stronger laws that offer additional protection.

Let’s take an example. California became the first state where ethnic hair and the right to wear it naturally became a right. In other states, employers may discriminate against natural hair because of racial discrimination. 

The Arkansas Employment Law Handbook affirms that no employer can retaliate against an employee for reporting malfeasance in good faith. In addition, employers cannot discriminate against, or fire employees because of age, sex, race, religion, or sexual orientation.

Title VII of the Civil Rights Act of 1964

This specifically prohibits employers from discriminating against employees on the basis of race, religion, sex, color, or national origin. It typically applies to organizations with 15 or more employees. It also applies to schools (both public and private) and labor organizations. The EEOC’s primary responsibility is enforcing this law.

The Arkansas State Legislature enacts statewide ordinances that not only shield protected categories but also protect those exercising their civil liberties from discrimination in the workplace. No employee in Arkansas can lose their job due to military status or exercising their right to vote.

Other Notable Applicable Federal Discrimination Laws

Examples of State Workplace Discrimination Laws

  • Arkansas Civil Rights Act of 1993– Protects property, credit, and employer/employee transactions without the involvement of racial, sexual, or religious discrimination.

What Is the Workplace Discrimination Process Like?

Filing a workplace discrimination claim in can be complex due to the various laws that may apply. This is particularly true for cases involving protections that fall solely under state law. While the EEOC enforces federal workplace discrimination laws, claims based exclusively on state protections are often handled by the state’s labor department.

Filing a Claim

When it comes to federal claims, workers have about 180 days to file, to remain within the statute of limitations. Time is of the essence with discrimination claims. It’s a good idea to hire a discrimination lawyer to help from the beginning.

Arkansas Claimants also need to provide some basic information with their claim. Depending on the agency, the employer’s name, the name(s) of involved parties, and a description of the incident. It will also include the contact information for everyone involved.

Once the investigation has begun, the agency may request more information. They generally give you ample time and opportunity to produce said information if this happens.

Investigating the Claim

The investigation may involve interviewing the Arkansas employee, employer, other employees at the same place of business. However, it may also include anyone else who may have relevant information. The agency determines that the claim is valid and discrimination did, in fact, take place. The next step is generally to work for settlements or mediation. For this reason, both parties have incentive to work out a compromise.

It may become necessary to file a lawsuit with the appropriate court. This is especially true if the parties cannot settle on the employee’s behalf. If this is the case, an attorney can issue a “Right To Sue” letter. This letter gives the employee facing discrimination the right to sue on their own accord.

The Federal Equal Employment Opportunity Commission gives you an avenue to appeal any decision. If you are not satisfied with your claim result, you’ll have 30 days to file the appeal from the date you receive notice of your claim denial. You can appeal by mail, using the inline portal, or in person. However, in-person appeals are recommended as working with someone in person allows them to pinpoint exactly what you need for your claim.

Work With an Experienced Workplace Discrimination Lawyer in Arkansas

Consider hiring a lawyer who specializes in discrimination in Arkansas as soon as the incident takes place. Experts often recommend that you resolve the issue internally through the proper HR channels. On the other hand, many employers mishandle these cases.

If you are considering a lawsuit, an attorney becomes even more necessary. Arkansas discrimination attorneys can help you with the paperwork, prepare you for depositions, and find corroborating witnesses to support your claim.

If the court rules in your favor, you might become entitled to several different compensatory benefits:

  • Back pay
  • Promotion
  • Reinstatement
  • Front pay
  • Reasonable accommodations
  • Payment of attorney’s fees, court costs, and expert witness fees

Are you ready to find out if you are eligible for these benefits in Arkansas? Start with a case review. We can even help you connect with an attorney across Arkansas state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

About the Author

Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.

With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.

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