§ 12-62-801. Title

This subchapter shall be known and may be cited as the “Military Service Protection Act”.

§ 12-62-802. Definitions

As used in this subchapter: (1) (A) “Back pay” means the amount of compensation that an employee would have earned if the employer had not engaged in conduct prohibited under this subchapter. (B) “Back pay” shall not include any compensation that would have been earned before two (2) years from the date that the cause […]

§ 12-62-803. Applicability

(a) (1) This subchapter shall not be applicable to any of the following: (A) The State of Arkansas; (B) A state agency; (C) A political subdivision; (D) A city of the first class, a city of the second class, or an incorporated town; (E) A county; (F) A school district; (G) A public official; or […]

§ 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 […]

§ 12-62-805. Rights stated — Cause of action created

(a) (1) The right of an otherwise qualified person to be free from discrimination because of military service is recognized as and declared to be a civil right. (2) This right shall include, but not be limited to: (A) The right to obtain and hold employment without discrimination; (B) The right to the full enjoyment […]

§ 12-62-806. Limitation of action

(a) Except as provided under subsection (b) of this section, an action under this subchapter shall be brought within one (1) year after the alleged violation or discriminatory conduct occurs. (b) However, if a service member is deployed for active duty at any time during the one-year period, then an action under this subchapter shall […]

§ 12-62-807. Retaliation — Interference — Remedies

(a) It is unlawful under this subchapter for a person or entity to retaliate or discriminate against a person because the person in good faith: (1) Opposed any act or practice made unlawful under this subchapter; or (2) Made a claim, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under […]

§ 12-62-808. Defenses

(a) It is a defense under this subchapter if an employer establishes that the employer’s actions were based on legitimate, nondiscriminatory factors and not on reasons related to military service. (b) Provided the conduct at issue is based on a bona fide business judgment and is not a pretext for discrimination that is prohibited under […]