Arkansas Legal Resource Navigator

12-62-804. Construction.

Arkansas Code — all titles (historical 2020) · legal_authorities

12-62-804. Construction.

12-62-804. Construction. (a) Nothing in this subchapter shall be construed to waive the sovereign immunity of the State of Arkansas. (b)(1) When construing this subchapter as it relates to employment matters, a court may look for guidance to the Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. § 4301 et seq., as in effect on January 1, 2005, as well as federal decisions interpreting the Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. § 4301 et seq., as in effect on January 1, 2005. (2) When construing this subchapter as it relates to all other matters, a court may look for guidance to state and federal decisions interpreting the Civil Rights Act of 1871, 42 U.S.C. § 1983, as in effect on January 1, 2005.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-62-804

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.

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Stable record: arkansas_code:legal_authorities:12-62-804
Source file: gov.ar.code.title.12.odt
Pages: Not recorded – Not recorded
Passage SHA-256: d5bca587dc1069aea706eb55a615c32908c929ff647bfebedf7e2ddfccd5526d

Source location: content.xml paragraph 17840

Stored source content

12-62-804. Construction. (a) Nothing in this subchapter shall be construed to waive the sovereign immunity of the State of Arkansas. (b)(1) When construing this subchapter as it relates to employment matters, a court may look for guidance to the Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. § 4301 et seq., as in effect on January 1, 2005, as well as federal decisions interpreting the Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. § 4301 et seq., as in effect on January 1, 2005. (2) When construing this subchapter as it relates to all other matters, a court may look for guidance to state and federal decisions interpreting the Civil Rights Act of 1871, 42 U.S.C. § 1983, as in effect on January 1, 2005.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 4301 — Purposes; sense of Congress

**(a)** The purposes of this chapter are— (1) to encourage service in the uniformed services by eliminating or minimizing the disadvantages to civilian careers and employment which can result from such service; (2) to minimize the disruption to the lives of persons performing service in the uniformed services as well as to their employers, their fellow employees, and their communities, by providing for the prompt reemployment of such persons upon their completion of such service; and (3) to prohibit discrimination against persons because of their service in the uniformed services. **(b)** It is the sense of Congress that the Federal Government should be a model employer in carrying out the provisions of this chapter.

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 4301

Stored review status: release_metadata_unconfirmed. The source passage cites 38 U.S.C. § 4301. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 4301 — Purposes; sense of Congress

Page 994 TITLE 38—VETERANS’ BENEFITS § 4301 REQUIREMENT TO PROMPTLY ESTABLISH ONE-STOP EMPLOYMENT SERVICES Pub. L. 107–288, § 4(c), Nov. 7, 2002, 116 Stat. 2044, pro- vided that: ‘‘By not later than 18 months after the date of the enactment of this Act [Nov. 7, 2002], the Sec- retary of Labor shall provide one-stop services and as- sistance to covered persons electronically by means of the Internet, as defined in section 231(e)(3) of the Com- munications Act of 1934 [47 U.S.C. 231(e)(3)], and such other electronic means to enhance the delivery of such services and assistance.’’ CHAPTER 43—EMPLOYMENT AND REEM- PLOYMENT RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES SUBCHAPTER I—GENERAL Sec. 4301. Purposes; sense of Congress. 4302. Relation to other law and plans or agree- ments. 4303. Definitions. 4304. Character of service. SUBCHAPTER II—EMPLOYMENT AND REEMPLOY- MENT RIGHTS AND LIMITATIONS; PROHIBI- TIONS 4311. Discrimination against persons who serve in the uniformed services and acts of reprisal prohibited. 4312. Reemployment rights of persons who serve in the uniformed services. 4313. Reemployment positions. 4314. Reemployment by the Federal Government. 4315. Reemployment by certain Federal agencies. 4316. Rights, benefits, and obligations of persons absent from employment for service in a uniformed service. 4317. Health plans. 4318. Employee pension benefit plans. 4319. Employment and reemployment rights in for- eign countries. SUBCHAPTER III—PROCEDURES FOR ASSIST- ANCE, ENFORCEMENT, AND INVESTIGATION 4321. Assistance in obtaining reemployment or other employment rights or benefits. 4322. Enforcement of employment or reemploy- ment rights. 4323. Enforcement of rights with respect to a State or private employer

Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 4301

Stored review status: historical_2024_not_currentness_verified. The source passage cites 38 U.S.C. § 4301. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1983 — Civil action for deprivation of rights

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1983

Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 1983. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1983 — Civil action for deprivation of rights

Page 5236 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1983 (c) refuse to approve a lending institution or any other lender as a beneficiary under any program admin- istered by it which is affected by this order or revoke such approval if previously given. SEC. 303. In appropriate cases executive departments and agencies shall refer to the Attorney General viola- tions of any rules, regulations, or procedures issued or adopted pursuant to this order, or violations of any nondiscrimination provisions included in any agree- ment or contract, for such civil or criminal action as he may deem appropriate. The Attorney General is au- thorized to furnish legal advice concerning this order to the Committee and to any department or agency re- questing such advice. SEC. 304. Any executive department or agency af- fected by this order may also invoke the sanctions pro- vided in Section 302 where any person or firm, includ- ing a lender, has violated the rules, regulations, or pro- cedures issued or adopted pursuant to this order, or the nondiscrimination provisions included in any agree- ment or contract, with respect to any program affected by this order administered by any other executive de- partment or agency. PART IV—ESTABLISHMENT OF THE PRESIDENT’S COMMITTEE ON EQUAL OPPORTUNITY IN HOUSING [Revoked. Ex. Ord. No. 12259, Dec. 31, 1980, 46 F.R. 1253; Ex. Ord. No. 12892, § 6–604, Jan. 17, 1994, 59 F.R. 2939.] PART V—POWERS AND DUTIES OF THE PRESIDENT’S COMMITTEE ON EQUAL OPPORTUNITY IN HOUSING SEC. 501. [Revoked. Ex. Ord. No. 12259, Dec. 31, 1980, 46 F.R. 1253; Ex. Ord. No. 12892, § 6–604, Jan. 17, 1994, 59 F.R. 2939.] SEC. 502. (a) The Committee shall take such steps as it deems necessary and appropriate to promote the co- ordination of the activities of depa

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1983

Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1983. This identifies an authority to review, not proof of applicability.