Arkansas Hiring laws & HR compliance analysis

Arkansas Hiring: What you need to know

The Arkansas Civil Rights Act prohibits hiring practices that discriminate on the basis of race, religion, national origin, gender, or disability (AR Stat. Sec. 16-123-105 et seq.). The Act covers employers with nine or more employees. Separate laws prohibit age and disability discrimination in public employment. In addition, employers may not refuse to hire someone who has been prescribed medical marijuana. Additional information is available.
Age discrimination: public employers. Arkansas law prohibits public employers from discriminating on the basis of age (40 years and older), 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 (AR Code Sec. 21-3-201 et seq.).
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State and federal law requires all employers to report new employees to the Arkansas New Hire Reporting Center within 20 days of the date of hire (AR Stat. Sec. 11-10-901 et seq.). Employers must also report the rehire of any employee who was previously laid off, furloughed, terminated, or placed on leave without pay for at least 60 consecutive days. Failure to report as required can result in the assessment of fines against the employer.
Details on reporting requirements and filing instructions are available on the website of the Arkansas New Hire Reporting Center at http://newhire-reporting.com.
Last reviewed May 2016.

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