Arkansas National Origin Discrimination laws & HR compliance analysis

Arkansas National Origin Discrimination: What you need to know

The Arkansas Civil Rights Act prohibits employment discrimination on the basis of ancestry or national origin (AR Code Ann. Sec. 16-123-101 et seq.). The law applies to all employers with nine or more employees.
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Bona fide occupational qualification. It is permissible to make employment decisions on the basis of national origin when a bona fide occupational qualification is reasonably necessary to the normal operation of an employer's business. However, such situations are extremely rare, and employers should be very cautious in relying on such a defense when making employment decisions.
Citizenship requirements that are made a condition of employment discriminate on the basis of national origin in violation of the Act. Inquiries about an individual's citizenship or country of birth are unlawful and may be used as evidence of discrimination based on national origin.
The federal Immigration Reform and Control Act of 1986 (IRCA) requires employers to verify the identity and eligibility to work in the United States for all newly hired employees. To satisfy IRCA's verification requirements, employers must ask all new hires for documents establishing both identity and work authorization. However, employers should not make inquiries about the employee's country of origin.
Arkansas law prohibits officers or employees of state agencies from discriminating in employment on the basis of race, creed, religion, national origin, age, or gender (AR Code Sec. 21-12-103).
The Arkansas Civil Rights Act is enforced by private lawsuit in state court. Remedies may include back pay with interest, compensatory and punitive damages, court costs, and reasonable ...

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