Does Arkansas law require cities to give veterans preference in hiring, promotion, or layoffs?
Plain-English summary
Representative Duffield asked whether Arkansas cities and municipalities are required to give veterans preferential treatment in hiring, promotion, or retention.
The AG's answer: only if the city has voluntarily adopted a veterans' preference policy.
Arkansas Code § 11-15-103(a)(1) authorizes both private employers and "local government employer[s]" to adopt a voluntary veterans' preference employment policy. "Local government employer" includes municipalities, counties, and townships, but excludes the state government and public institutions of higher education.
A veterans' preference policy can favor a veteran over another equally qualified applicant or employee in hiring, promotion, or retention decisions. To be valid, the policy must:
- Be in writing (A.C.A. § 11-15-103(a)(2)(A));
- Be applied uniformly to hiring, promotion, or retention during a reduction in force (A.C.A. § 11-15-103(a)(2)(B));
- Be registered with the Division of Workforce Services (A.C.A. § 11-15-104).
The AG does not analyze the various federal employment laws (Title VII of the Civil Rights Act of 1964, USERRA, ADA) that might constrain how the preference is implemented, but flags them as relevant. A detailed federal-law analysis is outside the scope of an AG opinion.
What this means for you
If you are a veteran applying for a municipal job in Arkansas
Your veteran status gives you a leg up only if the city, county, or township has adopted a written veterans' preference policy. Ask the HR office whether such a policy exists and request a copy. The policy must be applied uniformly, so a city that gives preference inconsistently is exposed to challenge.
If you are a city council member or mayor considering a veterans' preference policy
This is permissive, not mandatory. If you want to adopt one:
1. Put it in writing.
2. Define exactly what "veteran" means for purposes of the policy (the statute does not define it; you may want to reference federal definitions for consistency).
3. Specify how the preference applies (e.g., when two equally qualified candidates apply, the veteran is preferred; or, in a reduction in force, the veteran is retained over an equally situated nonveteran).
4. Register the policy with the Division of Workforce Services.
5. Coordinate with your city attorney to make sure the policy does not collide with Title VII (no protected-class disparate impact issues), USERRA (no incidental punishment of nonveterans for serving), or ADA (no disability-related conflicts).
If you are a county judge or quorum court member
Counties are also "local government employers" eligible to adopt a veterans' preference policy. Same requirements as cities. Townships have the same authority.
If you are an HR director at a city, county, or township
Two practical points:
1. Without a written, registered policy, you have no statutory basis for granting a hiring or retention preference based on veteran status. Doing so without a policy could expose you to discrimination claims from non-veteran candidates.
2. With a policy, document each application of the preference in writing so you can demonstrate uniform application if challenged.
If you work for a state agency or public college
The state and public institutions of higher education are excluded from the local-government veterans' preference statute. Different rules and federal standards apply to state employment.
Common questions
Is veterans' preference mandatory for any Arkansas employer?
No. Arkansas law makes it permissive for both private and local-government employers.
Does the federal government's veterans' preference apply to Arkansas city jobs?
The federal preference rules apply primarily to federal employment (5 U.S.C. § 2108 et seq.). They do not directly govern Arkansas city hiring. Federal employment laws of general application (Title VII, USERRA, ADA) do apply.
What does "applied uniformly" mean?
The policy must apply the same way to all hiring, promotion, and reduction-in-force decisions. A city cannot pick and choose which veterans benefit. Documentation of consistent application is the safe-harbor.
Why register with Workforce Services?
The statute requires it (§ 11-15-104). Practical reasons: it puts the policy on file with a state body that tracks veteran-related employment, and it creates an external record of the policy as adopted.
Can the policy give absolute priority to veterans?
The statute speaks of preferring a veteran "over another equally qualified" applicant. So the preference is a tiebreaker, not absolute priority over a more-qualified non-veteran. Going beyond "equally qualified" creates Title VII risk.
Can the city set its own definition of "veteran"?
The statute does not define the term, leaving it to the policy. Cities should reference a clear definition (typically the federal definition under 38 U.S.C. § 101) to avoid ambiguity.
Background and statutory framework
A.C.A. § 11-15-102 (definitions). Defines "local government employer" to include municipalities, counties, and townships, but excludes the State and public institutions of higher education. Defines "veterans' preference employment policy" as the type of policy authorized by § 11-15-103.
A.C.A. § 11-15-103 (authorization).
- (a)(1): Private employers and local government employers may voluntarily adopt a veterans' preference employment policy.
- (a)(2)(A): The policy must be in writing.
- (a)(2)(B): The policy must be applied uniformly to hiring, promotion, or retention during a reduction in force.
A.C.A. § 11-15-104 (registration). Local government employer must register the policy with the Division of Workforce Services.
Federal laws flagged but not analyzed:
- Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq.
- Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), 38 U.S.C. § 4301 et seq.
- Americans with Disabilities Act, 42 U.S.C. § 12101 et seq.
The AG declines to analyze these federal statutes in detail, citing prior opinions (2025-010, 2008-112, 2005-170, 2003-094) for the principle that detailed federal-law analysis is outside the scope of AG opinions.
Citations
Statutes:
- A.C.A. § 11-15-102 (definitions)
- A.C.A. § 11-15-103 (authorization, written policy, uniform application)
- A.C.A. § 11-15-104 (registration with Division of Workforce Services)
Federal:
- 42 U.S.C. § 2000e et seq. (Title VII)
- 38 U.S.C. § 4301 et seq. (USERRA)
- 42 U.S.C. § 12101 et seq. (ADA)
Other AG opinions referenced:
- 2025-010, 2008-112, 2005-170, 2003-094 (federal-law analysis outside AG opinion scope)
Source
Original opinion text
BOB R. BROOKS JR. JUSTICE BUILDING
101 WEST CAPITOL AVENUE
LITTLE ROCK, ARKANSAS 72201
Opinion No. 2025-069
October 21, 2025
The Honorable Matt Duffield
State Representative
Post Office Box 11057
Russellville, Arkansas 72812
Dear Representative Duffield:
I am writing in response to your request for an opinion on the legal framework governing employment preferences for veterans in Arkansas cities and municipalities. You ask the following questions:
- Under Arkansas law, do veterans receive any preferential treatment for hirings, promotion, or retentions in cities/municipalities?
Brief response: Yes, but only if a city or municipality has voluntarily adopted a veterans' preference employment policy. Arkansas law permits, but does not require, local governments to adopt such policies.
- Are Arkansas cities/municipalities required to follow any specific state or federal laws when hiring or promoting veterans?
Brief response: Yes, cities and municipalities that wish to adopt a veterans' preference employment policy should consult with their city attorneys or other local counsel to ensure compliance with state and federal laws. Federal laws that may be relevant include Title VII of the Civil Rights Act of 1964, the Uniformed Services Employment and Reemployment Rights Act of 1994, and the Americans with Disabilities Act. But a detailed analysis of these laws is outside the scope of an Attorney General opinion.
DISCUSSION
Question 1: Under Arkansas law, do veterans receive any preferential treatment for hirings, promotion, or retentions in cities/municipalities?
Arkansas law expressly authorizes both private employers and local government employers to adopt a voluntary veterans' preference employment policy. "Local government employer[s]" include municipalities, counties, and townships, but exclude the State and public institutions of higher education.
A veterans' preference employment policy allows an employer to favor a veteran over another equally qualified applicant or employee in decisions concerning hiring, promotion, or retention. This preference is not automatic; it only applies where the employer has formally adopted such a policy. Additionally, veterans' preference employment policies must meet the following statutory requirements:
- The policy must be in writing.
- The policy must be applied uniformly to employment decisions regarding the hiring, promotion, or retention during a reduction in force.
- A local government employer that has adopted such a policy must register it with the Division of Workforce Services.
Question 2: Are Arkansas cities/municipalities required to follow any specific state or federal laws when hiring or promoting veterans?
Yes, cities and municipalities that wish to adopt a veterans' preference employment policy must ensure that the policy complies with both state and federal law. In addition to the Arkansas statutes discussed above, several federal laws may be relevant. These include Title VII of the Civil Rights Act of 1964, the Uniformed Services Employment and Reemployment Rights Act of 1994, and the Americans with Disabilities Act.
A detailed analysis of the effect of these federal laws is outside the scope of an Attorney General opinion. Cities and municipalities should consult with their city attorneys or other local counsel to ensure compliance with all applicable state and federal laws.
Deputy Attorney General Kelly Summerside prepared this opinion, which I hereby approve.
Sincerely,
TIM GRIFFIN
Attorney General