Arkansas — Workplace Discrimination

Unable to confirm as of 2026-05-27.

Unable to confirm as of 2026-05-28.

Arkansas is one of a small number of states that does not maintain a state administrative agency with civil rights enforcement responsibilities. Unlike most states, Arkansas has no Fair Employment Practices Agency (FEPA) or equivalent body to receive, investigate, or adjudicate employment discrimination charges under state law. This means that employees alleging discrimination under the Arkansas Civil Rights Act of 1993 (ACRA) — codified at Ark. Code Ann. § 16-123-107 — cannot file an administrative charge with any Arkansas state agency.

Practical consequence: EEOC filing is the only administrative route. Because Arkansas has no state agency, employees who wish to pursue an ACRA claim and want an administrative investigation must file with the federal Equal Employment Opportunity Commission (EEOC). The EEOC accepts dual-filed charges covering both federal claims (Title VII, ADA, ADEA) and state-law claims under the ACRA for Arkansas employees. The EEOC's Little Rock field office, located at 820 Louisiana Street, Suite 200, Little Rock, AR 72201, handles Arkansas charges.

Filing with the EEOC for an Arkansas state-law claim does not trigger the 300-day extended filing deadline that applies in states with a qualifying FEPA. Arkansas employees must file EEOC charges alleging Title VII violations within 180 days of the discriminatory act (the baseline federal deadline under 42 U.S.C. § 2000e-5(e)(1)), not 300 days. The 300-day extension applies only when a state or local law prohibits the discrimination and a state or local agency with authority to grant or seek relief from the practice exists; Arkansas satisfies the first prong (the ACRA prohibits the conduct) but fails the second (no state agency exists).

Direct court filing is available for ACRA claims. Uniquely, ACRA employment discrimination claims under Ark. Code Ann. § 16-123-107(c)(1) may be filed directly in Arkansas circuit court without exhausting any administrative process. This is a significant departure from the federal Title VII framework, which requires EEOC charge filing and a right-to-sue notice before litigation. An employee can sue under the ACRA in state court immediately, subject to the one-year statute of limitations under Ark. Code Ann. § 16-123-107(c)(4) or within 90 days of receiving an EEOC right-to-sue notice, whichever is later.

Comparison to federal procedure. For federal claims (Title VII, ADA, ADEA), employees must file an EEOC charge before filing suit; the EEOC issues a right-to-sue notice (either after investigation or upon the employee's request after 180 days), and the employee then has 90 days to file in federal or state court. For ACRA claims, this exhaustion requirement does not exist — the employee may proceed directly to Arkansas circuit court, or may choose to file an EEOC charge (which will be dual-filed to cover both federal and state claims) and then litigate after receiving the notice.

The absence of a state enforcement agency also means Arkansas provides no state-level mediation, conciliation, or investigative resources distinct from the EEOC's process. Employers facing discrimination charges from Arkansas employees will receive EEOC correspondence and follow the standard EEOC investigation and position-statement process; there is no parallel Arkansas state proceeding.

Unable to confirm as of 2026-05-29.