Best Job Discrimination Lawyers in Arkansas

About Job Discrimination Law in Arkansas, United States

Job discrimination occurs when an employer treats an employee or job applicant unfairly based on certain protected characteristics. In Arkansas, like the rest of the United States, job discrimination laws aim to ensure equal employment opportunities for everyone, regardless of factors such as race, color, religion, sex, national origin, disability, or age. These protections apply to various aspects of employment, including hiring, firing, promotions, compensation, job assignments, and workplace conditions. Both state and federal laws offer employees legal avenues to challenge discriminatory practices.

Why You May Need a Lawyer

Many people facing workplace discrimination do not realize their rights or the best path to pursue justice. You may need a lawyer if:

• You believe you were denied a job, promotion, or fair treatment due to your race, gender, age, disability, or other protected characteristic.
• You have been harassed or retaliated against after raising concerns about discrimination or filing a complaint.
• Your employer terminates your employment for reasons you suspect are related to discrimination.
• Your employer has not taken your complaint about discrimination or harassment seriously.
• You are unsure whether your employer’s actions are legally considered discrimination.
• There is a need to file a formal charge with a governmental agency or take the complaint to court.
• Your employer is pressing you to accept a settlement or severance agreement that may affect your rights.

A lawyer can help you understand your rights, evaluate the strength of your case, guide you through government investigations, and represent you in negotiations or litigation.

Local Laws Overview

Several important laws protect Arkansas workers from job discrimination:

• Federal Laws: The main federal laws include Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA). These laws protect employees in workplaces of 15 or more (20 for age discrimination) from discrimination based on protected characteristics.
• Arkansas Civil Rights Act (ACRA): This state law provides protections similar to federal law for race, religion, national origin, gender, and disability. However, it extends coverage to smaller employers with as few as 9 employees.
• Filing a Complaint: In Arkansas, you can file a discrimination complaint with the federal Equal Employment Opportunity Commission (EEOC) or with the Arkansas Fair Housing Commission (for some matters), or both. Complaints typically must be filed within 180 days of the alleged discriminatory act.
• Retaliation Protections: It is illegal for employers to retaliate against employees for filing a discrimination complaint or participating in an investigation.
• Sexual Harassment: Both state and federal laws consider sexual harassment a form of sex discrimination.

It is important to review both federal and state laws since protections and coverage may differ depending on the size of your employer and the nature of your claim.

Frequently Asked Questions

What counts as job discrimination in Arkansas?

Job discrimination involves unfair treatment based on characteristics such as race, color, gender, religion, national origin, disability, or age. This could include actions like firing, demotion, lack of hiring, lower pay, or denial of promotions because of these characteristics.

Which characteristics are protected under Arkansas law?

Arkansas law covers discrimination based on race, religion, national origin, gender, and disability. Federal laws protect these and add protections based on color, age (40 and above), and genetic information.

Do small businesses need to follow job discrimination laws in Arkansas?

Yes. The Arkansas Civil Rights Act applies to employers with 9 or more employees. Federal discrimination laws generally apply to employers with at least 15 employees, except for age discrimination cases, which apply to those with 20 or more.

What should I do if I experience discrimination at work?

Document the situation clearly, keep copies of communications and performance reviews, and consider reporting the issue in writing to your employer or human resources department. You can also contact the EEOC or a legal professional for guidance.

How long do I have to file a discrimination claim in Arkansas?

You must file a claim with the EEOC or Arkansas Fair Housing Commission within 180 days of the discriminatory act. Acting quickly is important to preserve your legal rights.

What happens after I file a complaint with the EEOC?

The EEOC will investigate your complaint, may attempt mediation, and can take enforcement action or issue a "Right to Sue" letter, allowing you to file a lawsuit in court within a set deadline.

Can my employer fire me for reporting discrimination?

No. Both Arkansas and federal law prohibit retaliation against employees for asserting their rights to be free from discrimination.

Is sexual harassment considered job discrimination?

Yes. Sexual harassment is a form of sex discrimination and is illegal under both Arkansas and federal laws.

Are independent contractors covered by discrimination laws?

Generally, discrimination laws protect employees, not independent contractors. However, there may be exceptions, and you should consult a legal professional regarding your specific situation.

Do I need a lawyer to file a discrimination claim?

You are not required to have a lawyer, but a legal professional can help you build your case, navigate the process, and maximize your chances of a successful outcome.

Additional Resources

• Equal Employment Opportunity Commission (EEOC): Handles federal workplace discrimination complaints and provides public information about your rights.
• Arkansas Fair Housing Commission: Handles some state-level discrimination complaints.
• Arkansas Department of Labor: Provides information about employment rights in the state.
• Legal Aid of Arkansas: Offers free or low-cost assistance to eligible individuals facing job discrimination and other employment issues.
• Local bar associations: Can refer you to qualified employment law attorneys in your area.

Next Steps

If you believe you have experienced job discrimination in Arkansas, here are steps you can take:

• Document each incident of discrimination or retaliation, keeping a detailed record with dates, times, and witnesses.
• Review your employer’s handbook or policies regarding discrimination and harassment reporting procedures.
• Submit a formal, written complaint according to your employer’s process if safe and appropriate to do so.
• Contact the EEOC or Arkansas Fair Housing Commission to discuss your situation and begin the complaint process, if necessary.
• Consider consulting an employment lawyer, especially if you have questions about your rights or need help with your claim.
• Gather relevant documents, such as pay stubs, job applications, emails, and performance evaluations, as these may be useful for your case.
• Stay informed about deadlines for filing claims. Missing a deadline could limit your options for legal recourse.

Taking timely action, keeping thorough records, and seeking professional guidance can help protect your rights and ensure your interests are represented.