Arkansas — Workplace Discrimination

The Arkansas Civil Rights Act (ACRA) provides state-level protection against workplace discrimination for employees in Arkansas.

Employer coverage (employee threshold): The ACRA prohibits employment discrimination by employers with nine or more employees in the State of Arkansas. The statutory definition under Ark. Code Ann. § 16-123-102(5) defines “employer” to include "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.” This threshold mirrors the federal Title VII employer standard with respect to week-count and employee number, but applies under Arkansas law for claims based on race, religion, national origin, gender, and disability. Sole proprietors and very small businesses under this threshold are not covered by the ACRA's employment discrimination provisions.

Protected classes under ACRA: The Act makes it an unlawful employment practice for a covered employer to discriminate against any individual "because of race, religion, national origin, gender, or the presence of any sensory, mental, or physical disability.” (Ark. Code Ann. § 16-123-107(a)). Note that the ACRA covers fewer protected characteristics than federal law (which includes color, age, and additional categories under Title VII, ADEA, and the ADA). Sexual orientation and gender identity are not expressly listed in state statute as of 2026-06-15, though federal law may still apply via Title VII or Bostock v. Clayton County.

Scope: The ACRA protections apply to hiring, termination, compensation, promotion, terms and conditions of employment, and other employment decisions for covered employees within Arkansas.

Source: Ark. Code Ann. § 16-123-102; Ark. Code Ann. § 16-123-107

The Arkansas Civil Rights Act (ACRA) establishes a specific statute of limitations for employment discrimination claims filed under state law. Under Ark. Code Ann. § 16-123-107(c)(3)-(4), an individual alleging employment discrimination under the ACRA must file a civil action in circuit court within one year after the alleged discriminatory act or, if the claimant first received a right-to-sue notice or determination from the EEOC, within 90 days after receiving that notice—whichever period is longer.

Key rules:

• If an EEOC charge is NOT filed: ACRA lawsuit must be filed within 1 year of the discriminatory act.
• If an EEOC charge IS filed and a right-to-sue notice is issued: lawsuit must be filed within 90 days of the EEOC notice, even if that extends the period past one year from the act.

No Arkansas state administrative agency (FEPA) exhaustion required: Importantly, Arkansas does not have a state fair employment practices agency for employment discrimination claims. There is no requirement to file a charge with a state agency before filing suit in court under the ACRA; direct access to state court is allowed (this is unlike many states, which require exhaustion of administrative remedies or permit dual-filing with a state agency).

Federal (EEOC) charge deadlines remain: Because there is no FEPA in Arkansas, employees alleging federal claims (e.g., under Title VII) must file an EEOC charge within 180 days of the alleged discrimination (not 300, as in deferral states).

Citations: The statute is explicit in these limitations. The one-year and right-to-sue provisions appear in Ark. Code Ann. § 16-123-107(c)(3)-(4).

Source: Ark. Code Ann. § 16-123-107

Arkansas is one of a small number of states with no state civil rights agency empowered to adjudicate or enforce employment discrimination claims. The U.S. Commission on Civil Rights confirms: “Currently in Arkansas, there are no state agencies with statutory authority to enforce state civil rights laws.” As a result, Arkansas has no Fair Employment Practices Agency (FEPA) that would receive, investigate, or resolve discrimination claims — either under Title VII or the Arkansas Civil Rights Act (ACRA).

Practical consequence: Only the EEOC accepts administrative discrimination charges. Employees alleging employment discrimination under Title VII must file with the Equal Employment Opportunity Commission (EEOC). The EEOC’s Little Rock Area Office handles all such charges for Arkansas. There is no state agency for dual filing; the EEOC pursues federal claims and, when possible, notifies Arkansas state court options.

Filing deadlines: Because there is no FEPA, the EEOC’s standard federal 180-day deadline to file a charge (42 U.S.C. § 2000e-5(e)(1)) applies. Employees in Arkansas do not receive the extended 300-day window available in “deferral” states (those with a FEPA). For state-law claims under the ACRA, employees may file suit directly in circuit court — there is no administrative filing or exhaustion requirement.

Direct court filing and limitations for ACRA claims: The ACRA explicitly allows filing directly in Arkansas circuit court without prior administrative process. State law establishes a one-year statute of limitations from the act of alleged discrimination, or 90 days from a federal right-to-sue notice, whichever is longer (Ark. Code Ann. § 16-123-107(c)(4)).

No state‑level investigation, mediation, or enforcement. All investigation, conciliation, or mediation occurs through the EEOC. There is no parallel Arkansas state proceeding or agency investigation.

Source: Ark. Code Ann. § 16-123-107; U.S. Commission on Civil Rights, Arkansas State Advisory Committee Report; EEOC – Filing a Charge; U.S. Department of Labor, Employment Discrimination Resources by State

Under the Arkansas Civil Rights Act of 1993 (ACRA), Ark. Code Ann. § 16-123-107(c)(2)(A) imposes statutory caps on the combined compensatory and punitive damages recoverable in an employment discrimination claim. The total cap depends on the employer's size, specifically the number of employees employed for at least twenty calendar weeks in the current or previous year:

• Fewer than 15 employees: cap of $15,000
• 15–100 employees: cap of $50,000
• 101–200 employees: cap of $100,000
• 201–500 employees: cap of $200,000
• More than 500 employees: cap of $300,000

These amounts apply to the aggregate of both compensatory and punitive damages; they are not separate limits. Back pay, interest, attorney's fees, and litigation costs are NOT counted against these caps unless otherwise specified by law (the statute is silent on these exclusions).

Compensatory damages cover intangible harms like mental anguish or loss of dignity, as defined in Ark. Code Ann. § 16-123-102(2). The ACRA does not offer a statutory definition for punitive damages, but both categories together must fit within the cap for the relevant employer size.

This tiered structure is modeled on federal law (42 U.S.C. § 1981a(b)(3)) but with some differences: ACRA applies to claims against smaller employers (as few as nine employees, see the coverage section of this guide) and sets a lower floor.

Source: Arkansas Code Ann. § 16-123-107(c)(2)(A)

Retaliation protections under ACRA:

The Arkansas Civil Rights Act (ACRA) expressly prohibits retaliation by employers against individuals who oppose practices made unlawful by the Act or who participate in any investigation, proceeding, or hearing under the Act. Under Ark. Code Ann. § 16-123-108(a), it is an unlawful employment practice "to discriminate against any individual because he or she has opposed any act or practice made unlawful by this subchapter, or because he or she made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this subchapter." This aligns with the anti-retaliation provisions found in federal discrimination statutes such as Title VII.

Statute of limitations for retaliation claims:

The statute of limitations for retaliation claims under the ACRA follows the same rule as other ACRA discrimination claims. An aggrieved individual must file suit within one year after the alleged violation occurs or, if the claim is initially filed with a federal agency and a right-to-sue letter is issued, within 90 days of receipt of that notice—whichever period is longer. This is stated in Ark. Code Ann. § 16-123-107(c)(3)-(4). There is no requirement to file with a state administrative agency before bringing suit; Arkansas does not have an administrative exhaustion prerequisite for ACRA claims.

Summary table:

• Retaliation prohibited: Yes (opposition and participation protected)
• Who is protected: Employees who oppose unlawful discrimination or participate in ACRA-related proceedings
• Statute of limitations: 1 year from violation, or 90 days from right-to-sue notice, whichever is longer
• Filing venue: Directly in circuit court (no state agency exhaustion)

Source: Ark. Code Ann. § 16-123-108; Ark. Code Ann. § 16-123-107