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16-123-108. Retaliation — Interference — Remedies.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-123-108. Retaliation — Interference — Remedies.
(a) Retaliation. A person shall not discriminate against any individual because the individual in good faith has opposed any act or practice made unlawful by this subchapter or because the individual in good faith made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this subchapter.
(b) Interference, Coercion, or Intimidation. It is unlawful to coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by this subchapter.
(c)(1) Remedies and Procedures. The remedies and procedures available in § 16-123-107(b) are available to aggrieved persons for a violation of subsection (a) or subsection (b) of this section.
(2) An employment-related claim or a claim arising out of the employee-employer relationship for a violation of subsection (a) or subsection (b) of this section may be brought only against an employer, and the remedies and procedures are limited to the remedies and procedures available under § 16-123-107(c).
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-123-108
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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Record provenance
Stable record: arkansas_code:legal_authorities:16-123-108
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 44e12829f0030fca0b5f1d4d039900da5a1f4d4495eaedf2d0ba4be632b5254e
Source location: content.xml paragraph 49760
Stored source content
16-123-108. Retaliation — Interference — Remedies.
(a) Retaliation. A person shall not discriminate against any individual because the individual in good faith has opposed any act or practice made unlawful by this subchapter or because the individual in good faith made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this subchapter.
(b) Interference, Coercion, or Intimidation. It is unlawful to coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by this subchapter.
(c)(1) Remedies and Procedures. The remedies and procedures available in § 16-123-107(b) are available to aggrieved persons for a violation of subsection (a) or subsection (b) of this section.
(2) An employment-related claim or a claim arising out of the employee-employer relationship for a violation of subsection (a) or subsection (b) of this section may be brought only against an employer, and the remedies and procedures are limited to the remedies and procedures available under § 16-123-107(c).
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Arkansas Code — all titles (historical 2020) · legal_authorities
16-123-107. Discrimination offenses.
(a) The right of an otherwise qualified person to be free from discrimination because of race, religion, national origin, gender, or the presence of any sensory, mental, or physical disability is recognized as and declared to be a civil right. This right shall include, but not be limited to:
(1) The right to obtain and hold employment without discrimination;
(2) The right to the full enjoyment of any of the accommodations, advantages, facilities, or privileges of any place of public resort, accommodation, assemblage, or amusement;
(3) The right to engage in property transactions without discrimination;
(4) The right to engage in credit and other contractual transactions without discrimination; and
(5) The right to vote and participate fully in the political process.
(b) Any person who is injured by an intentional act of discrimination in violation of subdivisions (a)(2)-(5) of this section shall have 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.
(c)(1)(A) Any individual who is injured by employment discrimination by an employer in violation of subdivision (a)(1) of this section shall have a civil action against the employer only in a court of competent jurisdiction, which may issue an order prohibiting the discriminatory practices and provide affirmative relief from the effects of the practices, 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.
(B) No liability for back pay shall accrue from a date more than two (2) years prior to the filing of an ac
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-123-107
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. The source passage cites 16-123-107. This identifies an authority to review, not proof of applicability.