Disability Law Summaries

Arkansas has two laws dealing with disability discrimination in employment: the Arkansas Civil Rights Act of 1993, which is located in the Arkansas Code of 1987 at Title 16, Subtitle 7, Chapter 123, Subchapter 1 (for full text, see Employment Practices Guide 4-20,025.01 et seq. ), and a law dealing specifically with discrimination in public employment (Arkansas Code of 1987, Title 20, Chapter 14, Subchapter 3 --for full text, see Employment Practices Guide 4-20,750.01 et seq. ). These laws also contain provisions on accessibility, transportation and housing.

Additionally, provisions regarding accessibility standards are located in the Arkansas Code of 1987 at Title 6, Subtitle 3, Chapter 41; Title 6, Subtitle 4, Chapter 52; and at Title 25, Chapter 6.

Other disability provisions are located in the Arkansas Code of 1987 at Title 20, Subtitle 5, Chapter 79 (Telecommunications).

Interaction of disability laws. --State or local disability laws that provide protection that is greater than or equivalent to that of the Americans with Disabilities Act are not nullified by the Act, and neither are laws that provide less protection than the ADA. However, if either law provides less protection than the other, the law with the lesser standard cannot be used as a defense to the law with the higher standard.

Before making any decisions that will affect the rights of people with disabilities, it is important that state laws be compared with the ADA and the Rehabilitation Act of 1973. A person with a disability may prefer to file charges under a state law with fewer protections if that state law has greater remedies than the ADA.

DEFINITIONS

"Employee" does not include (Sec. 16-123-102):

(1) individuals employed by a parent, spouse or child;

(2) individuals employed under a special license in a nonprofit sheltered workshop or rehabilitation facility; or

(3) individuals employed outside the state of Arkansas.

"Employer" is a person who employs nine or more employees within Arkansas for 20 or more calendar weeks in the current or preceding calendar year (Sec. 16-123-102).

"Disability" means a physical or mental impairment that substantially limits a major life function, but does not include (Sec. 16-123-102):

(1) compulsive gambling, kleptomania, or pyromania;

(2) current use of illegal drugs, or psychoactive substance use disorders resulting from illegal use of drugs; or

(3) alcoholism.

ACCESSIBILITY

Arkansas Civil Rights Act of 1993. --The Arkansas Civil Rights Act of 1993 provides that the right of an otherwise qualified person who has a sensory, mental or physical disability to the full enjoyment of any of the accommodations, advantages, facilities, or privileges of any place of public resort, accommodation, assemblage or amusement without discrimination is a civil right (Sec. 16-123-107).

Retaliation. No person may discriminate against any individual because such individual in good faith has opposed any act or practice made unlawful by Arkansas' civil rights law or because such individual in good faith made a charge, testified, assisted or participated in any manner in an investigation, proceeding or hearing under such law (Sec. 16-123-108).

Enforcement. Any person who is injured by an intentional act of discrimination based on disability in public accommodations has a civil action in a court of competent jurisdiction to enjoin further violations, to recover compensatory and punitive damages, and, in the discretion of the court, to recover the cost of litigation, and a reasonable attorney's fee (Sec. 16-123-107).

Other accessibility provisions. --Persons with visual disabilities, hearing impairments or other physical disabilities are entitled to the same rights and privileges as other persons with respect to the full use and enjoyment of public streets, highways, sidewalks, walkways, public buildings, public facilities, hotels, motels, lodging places, other places of public accommodations, amusement or resort and other places to which the general public is invited (Sec. 20-14-303).

Service animals. Persons with visual disabilities, hearing impairments or other physical disabilities have the right to be accompanied by a service animal especially trained to do work or perform tasks for the benefit of an individual with a disability in or upon any and all public ways, public places and other public accommodations, without being required to pay extra fees or charges for the service animal. The person accompanying the animal is liable for any damages done to the premises or facilities by the animal (Sec. 20-14-304, as amended by Act 571 (H. 1256), L. 1999).

Enforcement. Any person, firm or corporation who denies or interferes with the admittance to or enjoyment of public facilities by a visually disabled or hearing impaired person or a person with another physical disability or who otherwise interferes with the rights of such a person is guilty of a misdemeanor (Sec. 20-14-302).

Public accommodations --guide dogs. --A blind, physically handicapped, deaf or hard-of-hearing person, and his or her guide, signal, or service dog, or a dog trainer in the act of training guide, signal, or service dogs shall not be denied admittance to or refused access to the following because of the dog (Sec. 20-14-308, Act 1107 (S. 656), L. 2003, effective July 17, 2003):

(1) any street or highway;

(2) any sidewalk or walkway;

(3) any common carrier, airplane, motor vehicle, railroad train, bus, streetcar, boat, or any other public conveyance or mode of transportation;

(4) any hotel, motel, or other place of lodging;

(5) any public building maintained by any unit or subdivision of government;

(6) any building to which the general public is invited;

(7) any educational facility or college dormitory;

(8) any restaurant or other place where food is offered for sale to the public; or

(9) any other place of public accommodation, amusement, convenience, or resort to which the general public or any classification of persons from the general public is regularly, normally, or customarily invited within the state.

The blind, physically handicapped, deaf or hard-of-hearing person or dog trainer in the act of training guide, signal, or service dogs shall not be required to pay any additional charges for his or her guide, signal, or service dog, but shall be liable for any damage done to the premises by the dog (Sec. 20-14-308, Act 1107 (S. 656), L. 2003, effective July 17, 2003).

Accessibility standards. --Physical aspects and specifications for buildings, classrooms, and other facilities for, or likely to be used by, children with disabilities shall be approved by the Division of Public School Academic Facilities and Transportation or a designee. The division or a designee of the division is required to review plans for public school construction or remodeling which are designed for children with disabilities to ensure accessibility and usefulness for that purpose (Sec. 6-41-212, as amended by Act 1426 (S. 593), L. 2005, effective March 30, 2005).

Likewise, Arkansas State Building Authority must insure that all offices of the Arkansas Rehabilitation Services are exemplary models of accessibility and conform to the Americans with Disabilities Act accessibility guidelines (Secs. 6-52-105).

EMPLOYMENT

Arkansas Civil Rights Act of 1993. --The right of an otherwise qualified person who has a sensory, mental or physical disability to obtain and hold employment without discrimination is a civil right (Sec. 16-123-107).

Retaliation. No person may discriminate against any individual because such individual in good faith has opposed any employment act or practice made unlawful by Arkansas' civil rights law or because such individual in good faith made a charge, testified or participated in any manner in an investigation, proceeding or hearing under such law (Sec. 16-123-108).

Public employment. --It is the policy of the state that persons with visual disabilities, hearing impairments or other physical disabilities must be employed in state service, the service of political subdivisions of the state, in the public schools, and in all other employment supported in whole or in part by public funds, on the same terms and conditions as persons without disabilities, unless it is shown that the visual, hearing or other disability of a person prevents the performance of the work involved (Sec. 20-14-301).

Minimum wages. --Individuals disabled by lack of skill, age, physical or mental deficiency or injury impairing earning capacity may be granted a temporary special exemption license or permit authorizing their employment at wages below the statutory minimum rate until such time as the Director of the Department of Labor issues regulations regarding workers with disabilities (Sec. 11-4-214, as amended by Act 1423 (H. 1950), L. 2001).

See 4-1000 for additional information on minimum and subminimum wages.

TRANSPORTATION

Persons with visual disabilities, hearing impairments or other physical disabilities are entitled to the same rights and privileges as other persons with respect to the full use and enjoyment of common carriers and other public conveyances or modes of transportation, whether by air, land or water (Sec. 20-14-303).

TELECOMMUNICATIONS

TDD equipment. --Arkansas has a statewide program to provide access to public telecommunications services by residents of Arkansas who are deaf, hard of hearing, deaf and blind, severely speech impaired or who have other disabilities that impair their ability to effectively access the telecommunication network. This program includes the purchase and distribution of telecommunications devices and related devices for such persons (Sec. 20-79-401, as amended by Act 530 (S. 396), L. 2001, effective Aug. 13, 2001).

In order for a person to be eligible for the equipment distribution program, a person must be certified as deaf, hard of hearing, deaf and blind, speech-impaired, or having another disability that impairs the individual's ability to effectively access the telecommunication network by a licensed physician, audiologist, speech pathologist, or by any other method recognized by the Arkansas Rehabilitation Services. The office will also consider financial need (Sec. 20-79-402, as amended by Act 530 (S. 396), L. 2001, effective Aug. 13, 2001).

A person who receives the equipment is responsible for its maintenance and is liable to the Arkansas Rehabilitation Services for loss or damage (Sec. 20-79-403, as amended by Act 530 (S. 396), L. 2001, effective Aug. 13, 2001).

Information technology. --It is the policy of the State of Arkansas that all programs and activities that are supported by public funds must be conducted in accordance with the following principles (Sec. 25-26-201, as enacted by Act 1227 (H. 2044), L. 1999):

(1) Individuals who are blind or visually impaired have the right to full participation in the life of the state, including the use of advanced technology that is provided by the state or state-assisted organizations for use by employees, program participants and members of the general public; and

(2) Technology purchased with funds provided by the state to be used for the creation, storage, retrieval, or dissemination of information and intended for use by employees, program participants and members of the general public must be accessible to and usable by individuals who are blind or visually impaired.

HOUSING

The Arkansas Fair Housing Act provides that the opportunity to obtain housing without discrimination because of disability is a civil right (Sec. 16-123-203, as amended by Act 1785 (S.B. 499), L. 2001, effective Aug. 13, 2001).

A person engaging in a real estate transaction, or a real estate broker or salesperson, must not on the basis of disability of a person or a person residing with that person (Sec. 16-123-204):

(1) refuse to engage in a real estate transaction with a person;

(2) discriminate against a person in the terms, conditions or privileges of a real estate transaction or in the furnishing of facilities or services in connection therewith;

(3) refuse to receive from a person or transmit to a person a bona fide offer to engage in a real estate transaction;

(4) refuse to negotiate for a real estate transaction with a person;

(5) represent to a person that real property is not available for inspection, sale, rental or lease when in fact it is so available, or knowingly fail to bring a property listing to a person's attention, or refuse to permit a person to inspect real property;

(6) make, print or publish or cause to be made, printed or published, any notice, statement or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation or discrimination based on disability or an intention to make any such preference, limitation or discrimination; or

(7) offer, solicit, accept, use or retain a listing of real property with the understanding that a person may be discriminated against in a real estate transaction or in the furnishing of facilities or services in connection therewith.

The housing provisions summarized above do not apply to (Sec. 16-123-204):

(1) the rental of a housing accommodation in a building that contains housing accommodations for not more than two families living independently of each other if the owner or a member of the owner's immediate family resides in one of the accommodations, or to the rental of a room or rooms in a single family dwelling by a person if the lessor or a member of the lessor's immediate family resides therein; or

(2) the rental of a housing accommodation for not more than 12 months by the owner or lessor where it was occupied by the owner or lessor and maintained as his or her home for at least three months immediately preceding occupancy by the tenant and is temporarily vacated while maintaining legal residence.

A person alleging a violation of the fair housing provisions summarized above may bring a civil action for appropriate injunctive relief or damages, or both (Sec. 16-123-210).

Persons with visual disabilities, hearing impairments or other physical disabilities are entitled to the same rights and privileges as other persons to the full use and enjoyment of all housing accommodations (Sec. 20-14-303).

Persons with visual disabilities, hearing impairments or persons with other physical disabilities are entitled to full and equal access, as other members of the general public, to all housing accommodations offered for rental, lease, or compensation in Arkansas, subject only to the conditions and limitations established by law and applicable alike to other persons. However, the person renting, leasing or providing the property for compensation does not have a duty to modify his or her accommodations in any way or provide a higher degree of care for the person because of the disability. This provision does not include accommodations in a facility that is designed and used primarily as a single family residence and a portion of which is rented, leased or furnished for compensation (Sec. 20-14-305).

Persons with visual disabilities, hearing impairments or other physical disabilities have the right to be accompanied by a service animal especially trained to do work or perform tasks for the benefit of an individual with a disability in all housing accommodations without being required to pay an extra charge for the animal. The person accompanying the animal is liable for damages done to the premises or facilities by the animal (Sec. 20-14-304, as amended by Act 571 (H. 1256), L. 1999).

Any person, firm or corporation who denies or interferes with the admittance to or enjoyment of housing accommodations by a visually disabled or hearing impaired person or a person with another physical disability or who otherwise interferes with the rights of such a person is guilty of a misdemeanor (Sec. 20-14-302).

A person shall not make, print or publish or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on disability, or an intention to make such a preference, limitation, or discrimination (Sec. 16-123-311, Act 1785 (S. 499), L. 2001).

A person shall not represent to any person because of disability that a dwelling is not available for inspection, sale, or rental when the dwelling is in fact so available (Sec. 16-123-312, Act 1785 (S. 499), L. 2001).

A person shall not, for profit, induce or attempt to induce a person to sell or rent a dwelling by representations regarding the entry or prospective entry into a neighborhood of a person with a particular disability (Sec. 16-123-313, Act 1785 (S. 499), L. 2001).

A person shall not discriminate in the sale or rental or otherwise make unavailable or deny a dwelling to a buyer or renter because of a disability of (Sec. 16-123-314(a), Act 1785 (S. 499), L. 2001):

(1) that buyer or renter;

(2) a person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or

(3) a person associated with that buyer or renter.

A person shall not discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling or in the provision of services or facilities in connection with the dwelling because of a disability of (Sec. 16-123-314(b), Act 1785 (S. 499), L. 2001):

(1) that person;

(2) a person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or

(3) a person associated with that person.

Residential real estate related transactions. --A person whose business includes engaging in residential real estate related transactions shall not discriminate against a person in making a real estate related transaction available, or in the terms or conditions of such a transaction because of disability (Sec. 16-123-315, Act 1785 (S. 499), L. 2001).

Brokerage services. --A person shall not deny persons access to, or membership or participation in, a multiple listing service, real estate brokers' organization or other service, organization, or facility relating to the business of selling or renting dwellings, or discriminate against a person in the terms or conditions of access, membership, or participation in such an organization, service, or facility because of disability (Sec. 16-123-316, Act 1785 (S. 499), L. 2001).

ENFORCEMENT

The following procedures apply to acts of discrimination prohibited by Arkansas' Civil Rights Act.

Any individual who is injured by employment discrimination by an employer in violation of the state's civil rights law has a civil action in a court of competent jurisdiction, which may issue an order prohibiting the discriminatory practices and provide affirmative relief from the effects of the practice, and award back pay, interest on back pay, and, in the discretion of the court, the cost of litigation and a reasonable attorney's fee (Sec. 16-123-107).

No liability for back pay will accrue from a date more than two years prior to the filing of an action (Sec. 16-123-107).

Also, any individual who is injured by intentional discrimination by an employer in violation of the state's civil rights law is entitled to recover compensatory damages and punitive damages (Sec. 16-123-107).

The total compensatory and punitive damages awarded may not exceed (Sec. 16-123-107):

(1) $15,000 in the case of an employer who employs fewer than 15 employees in each of 20 or more calendar weeks in the current or preceding calendar year;

(2) $50,000 in the case of an employer who employs more than 14 and fewer than 101 employees in each of 20 or more calendar weeks in the current or preceding calendar year;

(3) $100,000 in the case of an employer who employs more than 100 and fewer than 201 employees in each of 20 or more calendar weeks in the current or preceding calendar year;

(4) $200,000 in the case of an employer who employs more than 200 and fewer than 501 employees in each of 20 or more calendar weeks in the current or preceding calendar year; and

(5) $300,000 in the case of an employer who employs more than 500 employees in each of 20 or more calendar weeks in the current or preceding calendar year.

Any action based on employment discrimination in violation of Arkansas' civil rights law must be brought within one year after the alleged employment discrimination occurred or within 90 days of receipt of a "Right to Sue" letter or a notice of "Determination" from the United States Equal Employment Opportunity Commission concerning the alleged unlawful employment practice, whichever is later (Sec. 16-123-107).

WHO TO CONTACT

Contact the the Equal Employment Opportunity Commission, Little Rock Area Office, 820 Louisiana Street, Suite 200, Little Rock, AR 72201, Telephone: (501) 324-5060, FAX: (501) 324-5991, TDD: (501) 324-5481.