Labor Law Regarding Sexual Harassment in Arkansas

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Sexual harassment is a type of sexual discrimination that can occur in the workplace. It is not limited to female victims or to situations where one employee has power over another. Both men and women can file sexual harassment claims, and frequently the people involved are co-workers where there is no issue of work authority. Whatever the case may be, if you have been on the receiving end of unwanted advances, lewd comments, or explicit e-mails, this can make for a work environment that is both intimidating and uncomfortable. It is your company's responsibility to respond to all allegations of sexual harassment in a timely fashion and to ensure that such incidents do not happen again. If your company fails you in this regard, then you may have to obtain legal aid concerning how to file a formal complaint, in which case both the harasser and your company will be held liable.

 

Sexual harassment offenses are taken very seriously by the Equal Employment Opportunity Commission (EEOC), but not all cases of sexual harassment need to go as far as the federal level. Often, situations can be handled internally through a company's HR department. Speaking with your company's HR representative (if it has one) should be your first port of call when dealing with an incident of sexual harassment. Since it is possible for a company to be held liable, it's in the company's best interest to investigate any claims of sexual harassment and to do its best to rectify the situation immediately. This may result in disciplinary action or even the firing of the employee in question, and usually that is the end of the problem. However, in some cases the unwanted behavior continues, and if your employer cannot take care of it, then you can file a formal complaint with the EEOC.

 

Cases of sexual harassment often go unreported because the victim is embarrassed, ashamed, or fearful of retaliation. If are you the victim of harassment, you may be worried that if you report it, the harasser may become angry, causing the harassment to grow worse.  Likewise, you may feel anxious that your employer may see you as the problem and end up taking action against you instead. The state of Arkansas takes incidents of both sexual harassment and retaliation very seriously, so if you are punished for trying to defend your civil rights, you can add this offense to your original complaint.

 

Filing a formal complaint with the EEOC is not complicated, but you do have to abide by some rules. The most important of which is the 180-day statute of limitations, which prevents you from waiting too long after an incident to report the sexual harassment. If you feel you have been the victim of sexual harassment, you must file your complaint as soon as you can, or you risk having your claim be dismissed by the commission. Once you have filed your complaint, it will be investigated, and a decision will be made as to whether or not you have the right to sue your company. Not all cases end up in court, however; mediation can often serve as a middle ground to help settle cases.