Arkansas employment discrimination law is located in the following sections of the Arkansas Code.

Arkansas Civil Rights Act

• 16-123-102. Definitions.
• 16-123-103. Applicability.
• 16-123-104. Construction.
• 16-123-105. Civil rights offenses.
• 16-123-106. Hate offenses.
• 16-123-107. Discrimination offenses.
• 16-123-108. Retaliation - Interference - Remedies.

• 11-4-601. Discrimination on the basis of sex prohibited.
• 11-4-607. Definitions for Sec. 11-4-608 - 11-4-612.
• 11-4-610. Wage discrimination between sexes prohibited.
• 11-4-611. Action to collect unpaid wages.
• 11-4-612. Employer to keep records.

• 11-3-202. Blacklisting prohibited.

• 21-3-302. Veterans; Preference in employment.
• 21-3-306. Reservists; Discrimination prohibited.

(1) "Because of gender" means, but is not limited to, on account of pregnancy, childbirth, or related medical conditions;

(2) "Compensatory damages" means damages for mental anguish, loss of dignity, and other intangible injuries, but "compensatory damages" does not include punitive damages;

(3) "Disability" means a physical or mental impairment that substantially limits a major life function, but "disability" does not include:

(A) Compulsive gambling, kleptomania, or pyromania;

(B) Current use of illegal drugs or psychoactive substance use disorders resulting from illegal use of drugs; or

(C) Alcoholism;

(4) "Employee" does not include:

(A) Any individual employed by his or her parents, spouse, or child;

(B) An individual participating in a specialized employment training program conducted by a nonprofit sheltered workshop or rehabilitation facility; or

(C) An individual employed outside the State of Arkansas;

(5) "Employer" means a person who employs nine (9) or more employees in the State of Arkansas in each of twenty (20) or more calendar weeks in the current or preceding calendar year, or any agent of such person;

(6) "National origin" includes ancestry;

(7) "Place of public resort, accommodation, assemblage, or amusement" means any place, store, or other establishment, either licensed or unlicensed, that supplies accommodations, goods, or services to the general public, or that solicits or accepts the patronage or trade of the general public, or that is supported directly or indirectly by government funds, but "place of public resort, accommodation, assemblage, or amusement" does not include:

(A) Any lodging establishment which contains not more than five (5) rooms for rent and which is actually occupied by the proprietor of such establishment as a residence; or

(B) Any private club or other establishment not in fact open to the public; and

(8) "Religion" means all aspects of religious belief, observance, and practice.

16-123-103. Applicability.

(a) The provisions of this subchapter relating to employment shall not be applicable with respect to employment by a religious corporation, association, society, or other religious entity.

(b) It shall not constitute employment discrimination under this subchapter for an employer to refuse to accommodate the religious observance or practice of an employee or prospective employee if the employer demonstrates that he is unable to reasonably make such accommodation without undue hardship on the conduct of the employer's business.

(c) A defendant may avoid liability under this subchapter by showing that his actions were based on legitimate, nondiscriminatory factors and not on unjustified reasons.

(d) Provided the conduct at issue is based on a bona fide business judgment and is not a pretext for prohibited discrimination, nothing in this subchapter shall be construed to prohibit or restrict:

(1) An insurer, hospital, medical service company, health maintenance organization, or any agent or entity that administers benefit plans, or any bank, savings and loan, or other lender from underwriting insurance or lending risks or administering such risks that are based on or are not inconsistent with federal or state law;

(2) A person covered by this subchapter from establishing, sponsoring, observing, or administering the terms of a bona fide benefit plan that are based on underwriting risks, classifying risks, or administering such risks that are based on or are not inconsistent with federal or state law; or

(3) A person covered by this subchapter from establishing, sponsoring, observing, or administering the terms of a bona fide benefit plan that is not subject to federal or state laws that regulate insurance.

(e) This subchapter shall not apply to matters regulated by the Arkansas Insurance Code or the Trade Practices Act of the Arkansas Insurance Code, Sec. 23-66-201 et seq.

16-123-104. Construction.
Nothing in this subchapter shall be construed to waive the sovereign immunity of the State of Arkansas.

16-123-105. Civil rights offenses.

(a) Every person who, under color of any statute, ordinance, regulation, custom, or usage of this state or any of its political subdivisions subjects, or causes to be subjected, any person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Arkansas Constitution shall be liable to the party injured in an action at law, a suit in equity, or other proper proceeding for redress.

(b) In the discretion of the court, a party held liable under this section shall also pay the injured party's cost of litigation and a reasonable attorney's fee in an amount to be fixed by the court.

(c) When construing this section, a court may look for guidance to state and federal decisions interpreting the federal Civil Rights Act of 1871, as amended and codified in 42 U.S.C. Sec. 1983, as in effect on January 1, 1993, which decisions and act shall have persuasive authority only.

16-123-106. Hate offenses.

(a) An action for injunctive relief or civil damages, or both, shall lie for any person who is subjected to acts of:

(1) Intimidation or harassment; or

(2) Violence directed against his person; or

(3) Vandalism directed against his real or personal property,
where such acts are motivated by racial, religious, or ethnic animosity.

(b) Any aggrieved party who initiates and prevails in an action authorized by this section shall be entitled to damages, including punitive damages, and in the discretion of the court to an award of the cost of the litigation, and a reasonable attorney's fee in an amount to be fixed by the court.

(c) This section shall not apply to speech or conduct protected by the First Amendment of the United States Constitution or Article 2, Sec. 6, of the Arkansas Constitution.

16-123-107. Discrimination offenses.

(a) The right of an otherwise qualified person to be free from discrimination because of race, religion, national origin, gender, or the presence of any sensory, mental, or physical disability is recognized as and declared to be a civil right. This right shall include, but not be limited to:

(1) The right to obtain and hold employment without discrimination;

(2) The right to the full enjoyment of any of the accommodations, advantages, facilities, or privileges of any place of public resort, accommodation, assemblage, or amusement;

(3) The right to engage in property transactions without discrimination;

(4) The right to engage in credit and other contractual transactions without discrimination; and

(5) The right to vote and participate fully in the political process.

(b) Any person who is injured by an intentional act of discrimination in violation of subdivisions (a)(2)-(5) of this section shall have a civil action in a court of competent jurisdiction to enjoin further violations, to recover compensatory and punitive damages, and, in the discretion of the court, to recover the cost of litigation and a reasonable attorney's fee.

(c)

(1)

(A) Any individual who is injured by employment discrimination by an employer in violation of subdivision (a)(1) of this section shall have a civil action in a court of competent jurisdiction, which may issue an order prohibiting the discriminatory practices and provide affirmative relief from the effects of the practices, and award back pay, interest on back pay, and, in the discretion of the court, the cost of litigation and a reasonable attorney's fee.

(B) No liability for back pay shall accrue from a date more than two (2) years prior to the filing of an action.

(2)

(A) In addition to the remedies under subdivision (c)(1)(A) of this section, any individual who is injured by intentional discrimination by an employer in violation of subdivision (a)(1) of this section shall be entitled to recover compensatory damages and punitive damages. The total compensatory and punitive damages awarded under this subdivision (c)(2)(A) shall not exceed:

(i) The sum of fifteen thousand dollars ($15,000) in the case of an employer who employs fewer than fifteen (15) employees in each of twenty (20) or more calendar weeks in the current or preceding calendar year;

(ii) The sum of fifty thousand dollars ($50,000) in the case of an employer who employs more than fourteen (14) and fewer than one hundred one (101) employees in each of twenty (20) or more calendar weeks in the current or preceding calendar year;

(iii) The sum of one hundred thousand dollars ($100,000) in the case of an employer who employs more than one hundred (100) and fewer than two hundred one (201) employees in each of twenty (20) or more calendar weeks in the current or preceding calendar year;

(iv) The sum of two hundred thousand dollars ($200,000) in the case of an employer who employs more than two hundred (200) and fewer than five hundred one (501) employees in each of twenty (20) or more calendar weeks in the current or preceding calendar year; and

(v) The sum of three hundred thousand dollars ($300,000) in the case of an employer who employs more than five hundred (500) employees in each of twenty (20) or more calendar weeks in the current or preceding calendar year.

(3) Any action based on employment discrimination in violation of subdivision (a)(1) of this section shall be brought within one (1) year after the alleged employment discrimination occurred, or within ninety (90) days of receipt of a "Right to Sue" letter or a notice of "Determination" from the United States Equal Employment Opportunity Commission concerning the alleged unlawful employment practice, whichever is later.

16-123-108. Retaliation - Interference - Remedies.

(a) Retaliation. No person shall discriminate against any individual because such individual in good faith has opposed any act or practice made unlawful by this subchapter or because such individual in good faith made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this subchapter.

(b) Interference, Coercion, or Intimidation. It shall be unlawful to coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by this subchapter.

(c) Remedies and Procedures. The remedies and procedures available in Sec. 16-123-107(b) shall be available to aggrieved persons for violations of subsections (a) and (b) of this section.

Wage Discrimination
11-4-601. Discrimination on the basis of sex prohibited.

(a) Every employer in the state shall pay employees equal compensation for equal services, and no employer shall discriminate against any employee in the matter of wages or compensation solely on the basis of the sex of the employee.

(b) An employer who violates or fails to comply with the provisions of this section shall be guilty of a Class C misdemeanor, and each day that the violation or failure to comply continues shall be a separate offense.

11-4-607. Definitions for Sec. 11-4-608 - 11-4-612.
As used in Sec. 11-4-608 - 11-4-612, unless the context otherwise requires:

(1)

(A) "Employees" shall mean any person employed for hire in any lawful business, industry, trade, profession, or enterprise.

(B) However, it shall not include persons engaged in domestic service in the home of the employer; in agricultural service, or in temporary or seasonal employment; employees of any social club, fraternal, charitable, educational, religious, scientific, or literary association, no part of the net earnings of which inures to the benefit of any private individual;

(2) "Employer" shall include any person, natural or artificial, acting in the interest of an employer directly or indirectly; and

(3) "Employment" means any employment under contract of hire, expressed or implied, written or oral.

11-4-608. Penalties for violation of Sec. 11-4-607 - 11-4-612.

Any employer who violates any provision of Sec. 11-4-607 - 11-4-612, or who discharges or in any other manner discriminates against any employee because the employee has made a complaint to his or her employer, the Director of the Department of Labor, or any other person, has instituted or caused to be instituted any proceedings under or related to Sec. 11-4-607 - 11-4-612, or has testified or is about to testify in any such proceeding shall be fined not more than five hundred dollars ($500) nor imprisoned more than one (1) year, or both.

11-4-609. Administration of Sec. 11-4-607 - 11-4-612.

The Director of the Department of Labor shall have the power and it shall be his duty to carry out and administer the provisions of Sec. 11-4-607 - 11-4-612.

11-4-610. Wage discrimination between sexes prohibited.

(a) No employer shall discriminate in the payment of wages as between the sexes or shall pay any female in his employ salary or wage rates less than the rates paid to male employees for comparable work.

(b) Nothing in Sec. 11-4-607 - 11-4-612 shall prohibit a variation in rates of pay based upon a difference in seniority, experience, training, skill, ability, differences in duties and services performed, difference in the shift or time of the day worked, or any other reasonable differentiation except difference in sex.

11-4-611. Action to collect unpaid wages.

(a) An employer who violates the provisions of Sec. 11-4-610 shall be liable to the employee or employees affected in the amount of their unpaid wages.

(b)

(1) Action to recover the wages may be maintained in any court of competent jurisdiction by any one (1) or more employees.

(2) Any agreement between the employer and the employee to work for less than the wage to which the employer is entitled under Sec. 11-4-607 - 11-4-612 shall be no defense to the action.

(3) In addition to any wages recovered, the court in the action shall allow an additional equal amount as liquidated damages plus a reasonable attorney's fee and court costs.

(4) At the request of any employee paid less than the wage to which he or she is entitled under Sec. 11-4-607 - 11-4-612, the Director of the Department of Labor may take an assignment of the wage claim in trust for the employee and shall bring any legal action necessary to collect the claim. The director shall not be required to pay any court costs in connection with the action.

(c) Any action to recover wages and liquidated damages based on violation of Sec. 11-4-610 must be commenced within two (2) years of the accrual thereof and not afterwards. 9.

11-4-612. Employer to keep records.

(a) Every employer subject to Sec. 11-4-607 - 11-4-612 shall keep and maintain records of the salaries and wage rates, job classifications, and other terms and conditions of employment of the persons employed by him, and the records shall be preserved for a period of three (3) years.

(b) The records shall also be made available to the parties and to the court wherein an action to recover unpaid wages under this subchapter is pending.

Sec. 11-3-202. Blacklisting prohibited.

(a)

(1) Every person who shall, in this state, send or deliver; make or cause to be made for the purpose of being delivered or sent; part with the possession of any paper, letter, or writing, with or without a name signed thereto; sign with a fictitious name, or with any letter, mark, or other designation; or publish or cause to be published any false statement for the purpose of preventing another person from obtaining employment in this state or elsewhere shall, upon conviction, be adjudged guilty of a misdemeanor.

(2) Every person who shall "blacklist" any person by writing, printing, or publishing, or causing any of these things to be done, the name or any mark or designation representing the name of any person in any paper, pamphlet, circular, or book, together with any false statement concerning the person so named, or shall publish that anyone is a member of any secret organization, for the purpose of preventing that other person from securing employment, shall, upon conviction, be adjudged guilty of a misdemeanor.

(3) Any person who shall do any of the things mentioned in this section for the purpose of causing the discharge of any person employed by any railroad or other company, corporation, or individual shall, upon conviction, be adjudged guilty of a misdemeanor.

(b) A person convicted shall be fined in the sum of not less than one hundred dollars ($100), nor more than five hundred dollars ($500), or imprisoned in the county jail for twelve (12) months, or both fined and imprisoned.

Title 21, Chapter 3, Subchapter 3

Sec. 21-3-301. Adoption of regulations; Uniform classification and compensation act.

Any requirement, rule, or regulation set up for the purpose of selecting employees paid in whole or in part with state funds for positions subject to the Uniform Classification and Compensation Act, shall include regulations under Sec. 21-3-302--21-3-306. [Sec. 21-3-301, as amended by Act 653 (H.B. 1545), L. 2003, effective July 17, 2003].

Sec. 21-3-302. Veterans; Preference in employment] [Veterans; Preference in employment.

(a) This section shall be entitled "The Veterans Preference Law".

(b) For purposes of this section, "veteran" means:

(1) A person honorably discharged from a tour of active duty, other than active duty for training only, with the armed forces of the United States; or

(2) Any person who has served honorably in the National Guard or Reserve Forces of the United States for a period of at least six (6) years, whether the person has retired or been discharged or not.

(c) In every department or agency of state government or institution of higher education with employee positions subject to the Uniform Classification and Compensation Act, veterans who voluntarily submit official proof of his or her status as a veteran, disabled veteran, or a surviving spouse of a deceased veteran who remains unmarried at the time the preference is sought, who are citizens and residents of this state, shall be entitled to employment preference in positions over other applicants, after meeting substantially equal qualifications.

(d)

(1) If there is an examination , evaluation, or similar instrument given for the purpose of establishing an interviwe or employment list for such public sector jobs, and a person entitled to preference attains a passing grade thereon, he or she shall have five (5) points added to his or her final earned rating if the examination, evaluation, or similar instrument is subject to numerical scoring.

(2) If the examination, evaluation, or similar instrument is not subject to numerical scoring, the selection authority must be able to demonstrate how veterans preference was arrived at in the selection process.

(3) A veteran who established by the records of the United States Department of Veterans Affairs the existence of a service-connected disability or a veteran who is over fifty-five (55) years old and is disabled and is entitled to a pension or compensation under existing laws, or the spouse of such veteran, whose disability disqualifies him or her for appointment, shall have ten (10) points instead of five (5) points added to his or her final earned rating on the examination, evaluation, or similar instrument.

(e) The qualified veteran's status shall be considered on questions of promotion and retention of employeesaccording to Section 21-3-304 .

(f) The names of candidates who have qualified in an examination, evaluation, or similar instrument given for the purpose of establishing an interview or employment list shall be entered on an appropriate register or list of eligibles in the following order:

(1) Names of ten-point-preference eligibles shall be placed at the head of the register or applicant list of persons certified as having equal eligibility points;

(2) Names of five-point-preference eligibles shall be placed at the head of the register or applicant list of persons certified as having equal eligibility points; and

(3) Names of all other eligibles who do not have preference as provided in this section shall be placed on the register or applicant list in accordance with their ranking of eligibility points.

(g) The persons entitled to preference shall not be disqualified from holding any position on account of age or by reason of any physical disability, provided that such age or disability does not render the person incapable to perform properly the duties of the position for which he or she applied for.

(h) Nothing in this section shall be construed to apply to the position of elective or political appointees in any department, agency, or institution of higher education or to any person holding a strictly confidential administrative or secretarial position in relation to the appointing officer.

Sec. 21-3-306. Reservists; Discrimination prohibited.

(a) It is declared to be the intent of the General Assembly that any person who holds an other than temporary position in the employ of the State of Arkansas shall not be denied retention in employment or any promotion or other incident or advantage of employment or transferred involuntarily to another position because the person is a member of a reserve component of the armed forces of the United States.

(b) The provisions of the reemployment rights protections of Section 12-62-413 and the Uniformed Services Employment and Re-employment Rights Act of 1994 as in effect on January 1, 2003, shall be applicable, and the refusal of any state official to comply therewith shall subject him or her to removal from office.

(c) This section shall be retroactive and shall take effect as of the date of the entry of any state employee into one of the reserve components of the armed forces of the United States.