Getting Help from Arkansas Employment Lawyers
An employment lawyer in Arkansas from James, Carter & Priebe, LLP can represent you or your business in a number of areas of employment law, including:
- Sexual harassment
- Employment contracts
- Non-compete and non-solicitation agreements
- Wage and Hour Claims
- FMLA matters
- Wrongful termination
While each case requires careful consideration, some can prove to be more complicated than others. In particular, cases involving discrimination are governed by complex state and federal law and regulations. U.S. anti-discrimination law recognizes certain protected classes who may not be targeted for discrimination and harassment. These classes include:
- National origin
People who fall into one of the above classes, or another protected class, and who feel they have been the target of discrimination or harassment may in fact have grounds for a discrimination or harassment lawsuit. But these individuals may be required to file for relief through the U.S. Equal Employment Opportunity Commission (EEOC) before they can bring a discrimination lawsuit in federal court against an employer.
If you decide to hire an Arkansas employment lawyer to assist you with the EEOC procedure and eventually a lawsuit, you want to make sure you have sufficient evidence to back up your discrimination claim. The following information will help you and your Arkansas employment attorney establish a strong claim for a defense of a discrimination case:
- Direct evidence: This can include verbal comments or written statements in the form of letters, notes or memos. Bear in mind that it can be difficult to produce this type of evidence. Because many people are aware of discrimination laws, the individual or individuals discriminating against you are not likely to reveal prejudices directly. This makes circumstantial evidence crucial.
- Circumstantial evidence: The McDonnell Douglas Test, named after a famous U.S. Supreme Court case, sets forth four questions that can be used to indirectly show you were discriminated against. To have a viable discrimination case, you must be able to show:
- You are a member of a protected class
- You are qualified for your position
- Your employer took adverse action against you (such as firing or demoting you)
- You were replaced by a person who is not a member of your protected class
Thus, in a successful discrimination case, the plaintiff is able to show that you were qualified for your position and replaced by somebody who is not in your protected class and that your inclusion in a protected class was the reason adverse action was taken against you.
Speak with our employment lawyers in Arkansas
If you are dealing with discrimination in the workplace, or any other type of employment law matter, the Arkansas employment law firm of James, Carter & Priebe, LLP, can help. The members of our firm are knowledgeable about state and federal employment laws, and work hard on behalf of employees and employers to provide swift and effective dispute resolution. To arrange a consultation to discuss your employment issues, please phone our office at 866.716.3242 or contact us online through our website.