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The Arkansas Civil Rights Act (Ark. Code § 16-123-107) applies to employers with nine or more employees, a lower threshold than the federal ADA’s 15. Arkansas has no administrative enforcement agency for discrimination claims, so employees pursue a civil lawsuit directly, generally within one year.
Courts may award injunctive relief, back pay, interest, litigation costs and attorney fees, and compensatory and punitive damages capped by employer size.
Arkansas employers must comply with both state law and the ADA by providing reasonable accommodations to qualified employees with disabilities when requested, unless doing so would impose undue hardship on the business. Examples include modifying work schedules, restructuring job duties, providing assistive technology, or enabling leave for treatment or recovery. The obligation does not require eliminating essential job functions or lowering performance standards.
When an Arkansas employee requests an accommodation, the employer should begin an interactive process—a good faith dialogue aimed at understanding the employee’s needs and identifying potential adjustments. Documentation can be requested to support the need for accommodation, provided it is limited to information relevant to the disability and the accommodation sought. There is no specific statutory timeline, but employers should respond as promptly as possible. Delays could risk noncompliance if they are unexplained or unreasonable.
Pregnancy: the federal overlay. Arkansas has no state statute requiring accommodation of pregnancy, childbirth or related conditions, so the federal Pregnant Workers Fairness Act (in effect since June 27, 2023) governs for employers with 15 or more employees.
It requires reasonable accommodation of known limitations related to pregnancy, childbirth or related medical conditions unless undue hardship, and a condition need not rise to the level of a disability. The EEOC’s rule treats four accommodations as almost never an undue hardship and bars any documentation demand for them:
Documentation may be sought only when reasonable under the circumstances, may not be required in a specific form or from a specific provider, and may not be used to delay the accommodation. An employer may not require leave where another accommodation is available. The PUMP Act separately requires break time and a private non-bathroom space for expressing milk at virtually every employer. See the federal guide for full detail.
Arkansas has no state administrative agency handling employment discrimination charges, so a claim under the Arkansas Civil Rights Act is brought as a civil action in court, generally within one year of the alleged discrimination. Employees may separately file a charge with the federal Equal Employment Opportunity Commission (EEOC) under the ADA. Remedies can include orders to provide the accommodation, reinstatement, back pay, or damages for emotional distress.
Managing accommodation requests under the Arkansas Civil Rights Act (Ark. Code § 16-123-107) can be tedious—multiple forms, interactive‑process deadlines, and cross‑department coordination all add complexity.
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This guide is provided for general informational purposes only and does not constitute legal advice. Employment laws change frequently and vary by jurisdiction. Consult qualified employment counsel before acting on any information here. Last reviewed: September 2026.
