Sexual harassment is against the law in Arkansas. Sexual harassment is a form of gender discrimination. Both federal and state law prohibits gender discrimination and sexual harassment in the workplace. Contact Northwest Arkansas employment lawyer Gregory A. Placzek if you are a victim of sexual harassment.
Sexual harassment includes unwelcome sexual advances, comments intended to solicit sexual favors, and other verbal or physical sexually suggestive forms of harassment. A pattern of unwelcome sexually charged comments or actions may give you the right to bring a claim against your employer for sexual harassment. The more frequent and severe the behavior, the more likely the behavior matches the definition of sexual harassment. A Northwest Arkansas employment lawyer can help you protect you from unwanted sexual harassment and protect you from retaliation. The law on constructive discharge (quitting) due to harassment is very complicated. Therefore, it is important to contact a Northwest Arkansas employment lawyer at the first sign of sexual harassment.
The first type of sexual harassment occurs when an employee is required to perform sexual favors as a condition of employment. This type of sexual harassment is referred to as “quid pro quo” sexual harassment. For example, quid pro quo sexual harassment occurs when an employer threatens to fire an employee unless the employee performs sexual favors for the employer.
The second form of sexual harassment is referred to as “hostile work environment” sexual harassment. This type of sexual harassment occurs when unwelcome sexual advances become so severe that they interfere with the victim’s work performance or create a hostile or intimidating work environment. A hostile work environment often makes it difficult for an employee to perform his or her job functions. Employers may use this poor performance as a reason to terminate an employee. Thus, it is important that a victim of sexual harassment properly report the sexual harassment. A Northwest Arkansas employment lawyer can help you protect your employment rights.
Same-sex sexual harassment is against the law and is recognized by the Supreme Court. In Oncale v. Sundowner Offshore Servs., Inc., the Court recognizing a claim for same-sex harassment that created a hostile work environment where the alleged harassment forced an oil platform worker in the Gulf of Mexico to quit his job out of a fear of same-sex rape. Bottom line, it is against the law to sexually harass another employee, no matter what sex. However, because same-sex sexual harassment is often met with disbelief by some employers and courts, it is important to hire a Northwest Arkansas employment attorney to protect your rights.