Arkansas AIDS and Disease laws & HR compliance analysis

Arkansas AIDS and Disease: What you need to know

The Arkansas Civil Rights Act prohibits employment discrimination based on disability (AR Stat. Ann. Sec. 16-123-101 et seq.). “Disability” is defined as a physical or mental impairment that substantially limits a major life activity (AR Stat. Ann. Sec. 16-123-102). Employers are also prohibited from retaliating against employees who file discrimination complaints (AR Stat. Ann. Sec. 16-123-108). The law applies to employers with nine or more employees.
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Excluded from the definition of disability are:
• Compulsive gambling, kleptomania, or pyromania
• Current use of illegal drugs or psychoactive-substance-use disorders resulting from illegal use of drugs
• Alcoholism
Federal law compared. The federal Americans with Disabilities Act (ADA) has a broader definition of "disability" than state law. The ADA's definition includes having a record of a disability and being regarded as having an impairment. The ADA covers employers with 15 or more employees.
Some states have comprehensive laws that prohibit employment discrimination against individuals with human immunodeficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS) or regulate HIV/AIDS testing by employers, but Arkansas does not. However, Arkansas employers covered by the ADA are prohibited from discriminating against any individual based on the fact or the perception that the individual has AIDS or is HIV-positive.
The Arkansas General Assembly has enacted a requirement that hospitals purchase "needleless systems" or "engineered sharps with injury protections" for use in high-risk areas of hospitals because of concern over the number of workers who are occupationally exposed to serious viruses and diseases such as ...

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