LegalReader.com  ·  Legal News, Analysis, & Commentary

Business

This is How You Can Prove a Sexual Harassment Claim in Little Rock, AR


— June 23, 2022

The law distinguishes between an isolated incident and continuous harassing behavior.


Little Rock, AR – With all the sexual harassment stories you hear about in the news, you’d think that victims are finally getting the courage to talk, but that’s hardly the case. Statistics show that 85-90% of all sexual harassment incidents in the workplace still go unreported, mostly because victims are afraid of the consequences and don’t know even if they have a case.

In Little Rock, sexual harassment is prohibited both under federal law (Title VII of the Civil Rights Act) and the Arkansas Civil Rights Act. The law is on your side and if you’re subjected to any type of gender-based discrimination in the workplace, you need to speak with the best Little Rock sexual harassment lawyers you can find to bring those responsible to justice.

What constitutes sexual harassment in Arkansas?

This is often the most important problem – does someone’s behavior constitute sexual harassment or not?

The law defines sexual harassment as any type of “unwelcome behavior of a sexual nature that affects an individual’s employment, unreasonably interferes with work performance, or creates an intimidating, hostile, or offensive work environment”.

Unwelcome behavior of a sexual nature can be:

Physical – when someone touches you in any way you find inappropriate, such as putting their hands on you, rubbing your shoulders, or backing you in a corner to grope your private parts.

Verbal – when one or more persons in your workplace use derogatory terms when speaking to or about you, when they make sexually-explicit jokes directed at you, ask you questions about your intimate life, etc.

Visual – when your coworkers put up graphic photos, posters, or cartoons, when they send you sexually-explicit videos or photos of their private parts, etc.

How can you prove you were sexually harassed at work?

The law distinguishes between an isolated incident and continuous harassing behavior. To put it simply, if a coworker tells you you’re hot and asks you on a date and you refuse, it is not sexual harassment if the guy gets the message and stops bothering you.

Likewise, if someone makes an inappropriate joke and you object to it, you cannot claim sexual harassment if they stop saying that sort of things in your presence.

According to the law, sexual harassment must be of a pervaisve nature, that is frequent enough to interfere with your work performance and cause you mental anguish.

What if it’s my boss who’s harassing me?

Image by Mohamed_Hassan, via Pixabay.com.
Image by Mohamed_Hassan, via Pixabay.com.

These types of situations are known as quid-pro-quo cases, which is the Latin term for “This for that”. If your supervisor or manager asks you for sexual favors in return for a promotion or a raise, that’s sexual harassment. The same applies if they tell you, directly or indirectly, that failure to comply with their wishes will have negative consequences and you may be demoted or fired.

In such a case, one incident is enough to prove you were discriminated against, but your Arkansas sexual harassment lawyers will have to show in what way the supervisor or manager retaliated against you. For instance, if you were given a less-lucrative assignment or were denied a promotion following your refusal, your employer can be held accountable.

How do I report sexual harassment in Little Rock, AR?

First of all, you need to tell your coworkers to stop harassing you and let them know their behavior was offensive to you. The next step is to talk to your employer or someone in HR. You cannot hold your employer accountable if they can claim they had no idea about your predicament. On the other hand, if you do come forth with your problems and they fail to take remedial action, you have the right to complain to the Arkansas Human Rights Commission or the Equal Employment Opportunity Commission. 

Attorneys Near Me

If you’re looking for a sexual harassment lawyer or need professional help with other legal matters, you may be wondering “Where can I find attorneys near me?” Don’t worry, help is just a few clicks away. Just follow the link to go to the extensive database on usattorneys.com. Select the legal area you’re interested in, your state and your city, and schedule a free consultation with a trustworthy lawyer in your area. 

Join the conversation!