Thank you for your decision to go forward with your question. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.
I am an attorney with 30 years of experience including extensive experience in employment relations. I hope to provide you information that will help you in resolving your question.
I understand your anxiety regarding your situation, and there are no guarantees that your employer will not react negatively toward in regard to steps that you might take to protect yourself. However, you do have protections under the law and there are steps that you can take.
First, you are correct, the conduct that your boss is engaging in is a violation of the anti-discrimination laws both federally and in Arkansas. His use of language can be said to be creating what is called under the law a "Hostile
The first step in protecting yourself is to notify your Human Resources Director of the conduct that you have been subjected to. You should do this in writing as well as in person. You should be as specific as you can in regard to language and conduct, as well as specific in regard to dates to the degree that you can.
Make sure you keep a copy of the letter and take notes as to the meeting you have with HR. Be clear that you enjoy working for the company and that you intend to stay. Also be clear that you are aware of your rights and that if necessary you will pursue them.
Understand that there will be a little time for them to make the necessary corrective actions vis-a-vis your boss. Keep a diary of what transpires and how things improve or not.
If you do not see positive corrective action towards you you will need to proceed to stage two. This is to file a complaint with the EEOC
Discrimination/Harassment - Local Offices of Federal Agency (EEOC)Equal Employment Opportunity
Little Rock Area Office
Little Rock, AR 72201
Once you bring the situation to the attention of HR and/or file the complaint you are also protected from retaliatory behavior by your employer.
This does not mean that your employer will not further violate the law by firing you, but it does mean that you will be in a position to claim both actual and punitive damages for the unlawful conduct.
You should note that Arkansas is an employment at will
state. This means that your employer does not need a reason to terminate your employment. But if the termination
is found to be based on unlawful grounds, you are entitled to compensation.
Lastly, you may wish to consult with local counsel. Most attorneys who do this work will meet with you for an initial assessment of your case for little or no cost. The following site may be helpful to you in finding counsel:
This article may also be helpful to you:
I am sorry that you are facing this situation. I know it is emotionally draining and frustrating when you are doing a good job in a position you like and the environment ruins it.
There are no guarantees as to this process. My experience indicates that most people who dig in and fight for themselves often feel better and stronger for having done so even when things did not turn out well.
I sincerely ***** ***** works out for you.
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Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.