Arkansas Hiring laws & compensation compliance analysis

Arkansas Hiring: What you need to know

Discrimination. The Arkansas Civil Rights Act prohibits hiring practices that discriminate based on race, religion, national origin, gender, or disability (Ark. Code § 16-123-105 et seq.). The Act covers employers with nine or more employees. Separate laws prohibit age and disability discrimination in public employment. More information is available at the Arkansas Discrimination and Arkansas Alcohol and Drugs sections.
Age discrimination for public employers. Arkansas law prohibits public employers from discriminating based on age (40 years and older). More information is available at theArkansas Age Discrimination section. unless age constitutes a bona fide occupational qualification (BFOQ)—i.e., an age limitation or qualification is necessary in order to perform the job in question (Ark. Code § 21-3-201 et seq.).
Veterans’ preference. Private employers and local government employers may have a policy granting preference to veterans if it is in writing and applied uniformly (Ark. Code § 11-15-103). In public employment, veterans and the unmarried spouses of deceased veterans are entitled to preference under a statutorily delineated assessment system (Ark. Code § 21-3-302).
Criminal history.In considering individuals for professional licenses and certifications, the state of Arkansas prohibits the use or dissemination of records of arrest that were not followed by a valid felony conviction in the courts; convictions that have been annulled, expunged, or pardoned by the governor; and misdemeanor convictions, except misdemeanor sex offenses and those involving violence. This rule does not apply to teaching and nursing licenses (Ark. Code § 17-1-103).
Social media.Employers in Arkansas may not ask ...

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