What counts as workplace discrimination?

Discrimination occurs when an employer treats you less favorably because of a protected characteristic. Under the Arkansas Civil Rights Act of 1993, protected classes include: race, color, religion, sex, national origin, ancestry, disability — applies to employers with 9+ employees; broader employer coverage than federal for some provisions [§ 16-123-107].

How do I prove discrimination?

You can show direct evidence (discriminatory statements, policies) or circumstantial evidence (differential treatment, statistical patterns, pretext for stated reasons) [42 U.S.C. 2000e-2].

Can I file with both the state agency and EEOC?

Yes. Arkansas Civil Rights Commission is a deferral agency that cross-files with EEOC under a worksharing agreement. Filing with one agency can often satisfy the requirements of the other through cross-filing agreements.

What happens after I file?

The agency investigates, attempts mediation or conciliation, and may issue findings. If unresolved, you receive a right-to-sue letter allowing you to file a lawsuit.

Topic guideUpdated 2026-02-27

Arkansas Workplace Discrimination — Filing a Complaint

Protected classes, filing deadlines, and how to pursue a discrimination claim under Arkansas and federal law.

The Arkansas Civil Rights Act of 1993 prohibits employment discrimination in Arkansas §16-123-107.

Protected Classes

Under Arkansas law, employers cannot discriminate based on: race, color, religion, sex, national origin, ancestry, disability — applies to employers with 9+ employees; broader employer coverage than federal for some provisions.

Federal laws (Title VII, ADA, ADEA) provide additional protections for employees of employers with 15+ employees (20+ for age discrimination).

Types of Discrimination

Disparate treatment — intentional discrimination based on a protected characteristic

Disparate impact — neutral policies that disproportionately affect a protected group

Failure to accommodate — refusing reasonable accommodations for disability or religion

Harassment — creating a Hostile work environment based on a protected characteristic

Filing a Discrimination Complaint

You have 180 days to file with the Arkansas Civil Rights Commission or EEOC §16-123-108. Arkansas Civil Rights Commission is a deferral agency that cross-files with EEOC under a worksharing agreement.

	Details
State Agency	Arkansas Civil Rights Commission
Federal Agency	EEOC
State Deadline	180 days to file with the Arkansas Civil Rights Commission or EEOC §16-123-108
Federal Deadline	180 days (300 with deferral) [42 U.S.C. § 2000e-5]

⚠Filing deadlines are strictly enforced. Missing the deadline typically bars your claim entirely, regardless of its merits.

✓File with both the state agency and EEOC to preserve all options. A single filing can often be cross-filed with both agencies.

Prepare for Your Consultation

Quick checklist (Employment Law)

Gather these before your first consultation.

Employment records

(pay stubs, contracts, offer letters)

Communication evidence

(emails, texts, performance reviews)

Witness information

(coworkers who can corroborate)

General preparation tips only. Specific needs depend on your state and employment situation.

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