Learn about Arkansas age discrimination laws and what to do if you think you've been discriminated against.

Who is protected under age discrimination laws in Arkansas?

Arkansas law prohibits discrimination on the basis of age in employment and housing. The Arkansas Civil Rights Act of 1993 (ACRA) prohibits discrimination in employment against individuals who are at least 40 years old. The Fair Housing Act (FHA), which is a federal law, also prohibits discrimination on the basis of age in housing.

Employment

Under ACRA, it is unlawful for an employer to:

• Fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his or her compensation, terms, conditions, or privileges of employment because of the individual's age;

• Limit, segregate, or classify employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his or her status as an employee because of the individual's age; or

• Reduce the wage rate of any employee in order to comply with this subchapter.

There are a few exceptions to this rule. For example, it is not unlawful for an employer to take an action that is otherwise prohibited by ACRA if the action is:

• A bona fide occupational qualification (BFOQ), meaning that age is reasonably necessary to the normal operation of the particular business; or

• Based on reasonable factors other than age.

Housing

Under the FHA, it is unlawful for any person to discriminate against any individual in the sale, rental, financing, or other provision of housing because of the individual's age. This includes discrimination on the basis of familial status, which includes families with children under the age of 18.

There are a few exceptions to this rule. For example, it is not unlawful for a housing provider to:

• Refuse to rent to an individual who is elderly or disabled if the housing provider can demonstrate that the individual would pose a direct threat to the health or safety of others; or

• Exclude children from certain housing facilities, such as retirement communities.

Who is covered?

Both ACRA and the FHA protect individuals who are at least 40 years old. This means that employers and housing providers cannot discriminate against individuals who are 40 years old or older.

Examples of age discrimination

Some examples of age discrimination in employment include:

• Failing to hire an older applicant because of their age;

• Demoting an older employee because they are perceived to be less productive;

• Paying an older employee less than a younger employee for doing the same job;

• Refusing to give an older employee training opportunities; or

• Terminating an older employee because they are perceived to be too old.

Some examples of age discrimination in housing include:

• Refusing to rent to an older applicant;

• Charging an older applicant a higher rent than a younger applicant;

• Excluding older adults from certain housing facilities; or

• Making discriminatory comments about older adults.

What to do if you think you have been discriminated against

If you think you have been discriminated against on the basis of age, you have several options. You can:

• File a complaint with the Arkansas Civil Rights Commission (ACRC).

• File a complaint with the U.S. Equal Employment Opportunity Commission (EEOC).

• File a lawsuit in federal or state court.

If you decide to file a complaint, you must do so within a certain period of time after the alleged discrimination occurred. The time limits vary depending on the type of discrimination and the jurisdiction.

If you are successful in your complaint, you may be entitled to back pay, lost wages, emotional distress damages, and other remedies.

Additional resources

• Arkansas Civil Rights Commission: https://www.usccr.gov/states/arkansas

• U.S. Equal Employment Opportunity Commission: https://www.eeoc.gov/

• AARP: https://www.aarp.org/

Conclusion

Arkansas law protects employees and housing seekers from discrimination on the basis of age. If you think you have been discriminated against on the basis of age, you have several options, including filing a complaint with the ACRC, EEOC, or a court.

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