Arkansas Civil Rights Complaint (ACRA + Federal Parallel Counts)

COMPLAINT FOR DISCRIMINATION — ARKANSAS CIVIL RIGHTS ACT OF 1993 (with Federal Parallel Counts)

TABLE OF CONTENTS

1. Caption
2. Nature of the Action
3. Parties, Jurisdiction, and Venue
4. Administrative Exhaustion (Federal Counts Only)
5. Factual Allegations
6. Count I — ACRA Discrimination (Ark. Code § 16-123-107)
7. Count II — ACRA Retaliation (Ark. Code § 16-123-108)
8. Count III — Title VII Discrimination (42 U.S.C. § 2000e-2)
9. Count IV — 42 U.S.C. § 1981 (Race / Equal Contract Rights)
10. Count V — Hostile Work Environment
11. Damages
12. Prayer for Relief
13. Demand for Trial by Jury
14. Reservation of Rights
15. Signature and Service Blocks
16. Verification
17. Certificate of Service
18. Arkansas Practice Notes
19. Sources and References

1. CAPTION

IN THE CIRCUIT COURT OF [COUNTY] COUNTY, ARKANSAS

[___________________________ DIVISION]

CASE NO. [________________________________]

VERIFIED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF

2. NATURE OF THE ACTION

This is a civil action brought under the Arkansas Civil Rights Act of 1993, Ark. Code Ann. § 16-123-101 et seq. ("ACRA"), and parallel federal civil-rights statutes including Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et seq.) and 42 U.S.C. § 1981, to redress unlawful discrimination, harassment, and retaliation directed against Plaintiff on the basis of [PROTECTED CHARACTERISTIC — race / religion / national origin / sex / disability] in connection with [EMPLOYMENT / PROPERTY TRANSACTION (INCLUDING HOUSING) / PUBLIC ACCOMMODATIONS / CREDIT OR OTHER CONTRACTUAL TRANSACTION / VOTING].

Plaintiff seeks declaratory and injunctive relief, back pay, front pay, compensatory damages, punitive damages, prejudgment interest, and reasonable attorney's fees and costs as authorized by Ark. Code Ann. § 16-123-107(b)–(c), 42 U.S.C. §§ 1981a, 1988, and 2000e-5(k).

3. PARTIES, JURISDICTION, AND VENUE

3.1. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is a citizen and resident of [COUNTY] County, Arkansas, and was at all times material a member of one or more classes protected under ACRA, namely [RACE / RELIGION / NATIONAL ORIGIN / SEX / DISABILITY].

3.2. Defendant [EMPLOYER / ENTITY NAME] ("Defendant Entity") is [a corporation / LLC / governmental subdivision / sole proprietorship] organized under the laws of [STATE], with its principal place of business at [ADDRESS], [CITY], [COUNTY] County, Arkansas. At all relevant times Defendant Entity employed nine (9) or more employees in Arkansas in each of twenty (20) or more calendar weeks in the current or preceding calendar year, qualifying as an "employer" under Ark. Code Ann. § 16-123-102(7). If a Title VII count is pleaded, Defendant Entity also employed fifteen (15) or more employees for each working day in each of twenty (20) or more calendar weeks in the current or preceding calendar year, as required by 42 U.S.C. § 2000e(b).

3.3. Defendant [INDIVIDUAL NAME] ("Individual Defendant") is, on information and belief, a citizen and resident of [COUNTY / STATE] and was at all relevant times an officer, manager, supervisor, agent, or employee of Defendant Entity acting within the course and scope of that employment.

3.4. Subject-matter jurisdiction is proper in this Court because ACRA confers original jurisdiction on Arkansas Circuit Courts of competent jurisdiction over claims arising under § 16-123-107. Ark. Const. amend. 80, § 6.

3.5. For the state-law claim, venue is proper in [COUNTY] County, Arkansas, under Ark. Code Ann. § 16-60-101 because [a substantial part of the event or omission occurred here / Defendant Entity had its Arkansas principal office here at that time / Plaintiff resided here at that time]. Select only supported grounds and analyze venue for any federal counts separately.

4. ADMINISTRATIVE EXHAUSTION (Federal Counts Only)

4.1. Arkansas does not maintain a general state human rights agency for employment-discrimination claims. ACRA grants Plaintiff a direct private right of action; no state-agency exhaustion is required under Ark. Code Ann. § 16-123-107(c).

4.2. With respect to the federal claims under Title VII, Plaintiff timely filed a Charge of Discrimination with the U.S. Equal Employment Opportunity Commission, Little Rock Area Office, on [DATE] (Charge No. [____________]), within 180 days of the alleged unlawful employment practice as required by 42 U.S.C. § 2000e-5(e)(1).

4.3. The EEOC issued a Notice of Right to Sue dated [DATE], a true and correct copy of which is attached as Exhibit A. This Complaint is filed within ninety (90) days of Plaintiff's receipt of that Notice, satisfying 42 U.S.C. § 2000e-5(f)(1).

4.4. Plaintiff has fulfilled all conditions precedent to bringing this action under federal and state law.

5. FACTUAL ALLEGATIONS

5.1. Plaintiff began [employment / occupancy / patronage] with Defendant Entity on or about [DATE] as a [POSITION / TENANT / CUSTOMER].

5.2. At all times material, Plaintiff performed [his/her/their] [job duties / lease obligations / customer transactions] in a satisfactory or above-satisfactory manner.

5.3. Plaintiff is a member of the protected class [IDENTIFY CLASS — e.g., African American, female, Muslim, individual with a qualifying disability].

5.4. Beginning on or about [DATE], Defendant Entity, by and through Individual Defendant and other agents, engaged in the following discriminatory acts:

• [DESCRIBE ADVERSE ACTION 1 — termination, demotion, denial of promotion, refusal to lease, denial of service, harassment, etc.];
• [DESCRIBE ADVERSE ACTION 2];
• [DESCRIBE ADVERSE ACTION 3].

5.5. Similarly situated individuals outside Plaintiff's protected class were treated more favorably, including but not limited to [COMPARATOR EXAMPLES].

5.6. On or about [DATE], Plaintiff complained internally to [HR / SUPERVISOR / MANAGER] about the discriminatory conduct. Following that protected activity, Defendants subjected Plaintiff to additional adverse actions, including [DESCRIBE RETALIATION].

5.7. Defendants' conduct was intentional, willful, and undertaken with malice or reckless indifference to Plaintiff's federally and state-protected rights.

5.8. As a direct and proximate result of Defendants' unlawful conduct, Plaintiff has suffered lost wages, lost benefits, emotional distress, humiliation, anxiety, loss of enjoyment of life, and damage to professional reputation.

6. COUNT I — ACRA DISCRIMINATION (Ark. Code § 16-123-107)

6.1. Plaintiff realleges and incorporates Paragraphs 1.1 through 5.8.

6.2. ACRA protects against discrimination in [employment / public accommodations / property transactions / credit or contractual transactions / voting] on the basis of race, religion, national origin, gender, or disability. Ark. Code Ann. § 16-123-107(a)–(c).

6.3. Defendants are subject to ACRA because Defendant Entity employs nine (9) or more employees and Plaintiff is a member of a protected class.

6.4. Defendants intentionally discriminated against Plaintiff on the basis of [PROTECTED CLASS] by [ADVERSE ACTION], an act or omission that would not have occurred but for Plaintiff's protected characteristic.

6.5. Defendants' conduct constitutes an unlawful employment practice within the meaning of Ark. Code Ann. § 16-123-107(a)(1) [and/or other applicable subsection].

6.6. As a direct and proximate result, Plaintiff has suffered damages recoverable under Ark. Code Ann. § 16-123-107(c)(1)-(2), including back pay, interest on back pay, compensatory damages, and (where supported by malice or reckless indifference) punitive damages, plus the cost of litigation and reasonable attorney's fees. For an employment claim, combined compensatory and punitive damages under § 16-123-107(c)(2) are subject to the employer-size caps in subsection (c)(2)(B).

7. COUNT II — ACRA RETALIATION (Ark. Code § 16-123-108)

7.1. Plaintiff realleges and incorporates Paragraphs 1.1 through 6.6.

7.2. ACRA prohibits retaliation against an individual who in good faith opposed a practice made unlawful by the Act or in good faith made a charge, testified, assisted, or participated in an investigation, proceeding, or hearing under the Act. Ark. Code Ann. § 16-123-108.

7.3. Plaintiff engaged in protected activity by [DESCRIBE — internal complaint, EEOC charge, supporting another employee, etc.].

7.4. Defendants knew of Plaintiff's protected activity and, in close temporal proximity thereafter, took materially adverse action against Plaintiff, including [DESCRIBE].

7.5. A causal connection exists between the protected activity and the adverse action, as evidenced by [temporal proximity / shifting explanations / disparate treatment / direct evidence].

8. COUNT III — TITLE VII DISCRIMINATION (42 U.S.C. § 2000e-2)

8.1. Plaintiff realleges and incorporates Paragraphs 1.1 through 7.5.

8.2. Defendant Entity is an "employer" within the meaning of 42 U.S.C. § 2000e(b), employing fifteen (15) or more employees in the relevant period.

8.3. Defendants' discriminatory conduct on the basis of [race / color / religion / sex / national origin] violates 42 U.S.C. § 2000e-2(a).

8.4. Plaintiff has exhausted administrative prerequisites as set forth in Section 4 above and is entitled to compensatory and punitive damages subject to the statutory caps of 42 U.S.C. § 1981a(b)(3), back pay, front pay, equitable relief, and reasonable attorney's fees and costs under 42 U.S.C. § 2000e-5(k).

9. COUNT IV — 42 U.S.C. § 1981 (Race / Equal Contract Rights)

9.1. Plaintiff realleges and incorporates Paragraphs 1.1 through 8.4.

9.2. 42 U.S.C. § 1981 guarantees all persons within the jurisdiction of the United States the same right to make and enforce contracts as is enjoyed by white citizens.

9.3. Defendants intentionally interfered with Plaintiff's contractual relationship by [DESCRIBE] because of Plaintiff's race, in violation of § 1981.

9.4. Section 1981 does not use Title VII's administrative-charge requirement. Under Jones v. R.R. Donnelley & Sons Co., 541 U.S. 369 (2004), 28 U.S.C. § 1658's four-year period applies only when the completed claim was made possible by a post-1990 enactment; determine the claim-specific limitations and accrual rules rather than treating every post-formation claim alike.

9.5. Plaintiff requests the damages and equitable relief supported by each pleaded count. If Plaintiff becomes a prevailing party in an action enforcing a provision listed in 42 U.S.C. § 1988(b), Plaintiff also requests a discretionary reasonable attorney's fee as part of costs.

10. COUNT V — HOSTILE WORK ENVIRONMENT

10.1. Plaintiff realleges and incorporates Paragraphs 1.1 through 9.5.

10.2. Defendants subjected Plaintiff to unwelcome conduct based on [PROTECTED CLASS] that was sufficiently severe or pervasive to alter the terms and conditions of Plaintiff's [employment / tenancy] and create an objectively and subjectively hostile environment.

10.3. The harassment included, but was not limited to: [DESCRIBE — slurs, jokes, displays, threats, exclusion, physical conduct, etc.].

10.4. Defendant Entity knew or should have known of the harassment and failed to take prompt and effective remedial action, and/or the harassing conduct was perpetrated by a supervisor with tangible employment authority.

10.5. The hostile environment is actionable under both ACRA § 16-123-107 and Title VII as construed by Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986), and Harris v. Forklift Systems, Inc., 510 U.S. 17 (1993).

11. DAMAGES

11.1. Back Pay and Lost Benefits: lost wages, bonuses, commissions, retirement and health-insurance contributions, and other economic benefits from the date of the adverse action through judgment, with interest, in an amount to be proven at trial.

11.2. Front Pay / Reinstatement: reinstatement to Plaintiff's prior position with full seniority, or in the alternative, front pay in lieu of reinstatement.

11.3. Compensatory Damages (non-economic): emotional distress, mental anguish, humiliation, loss of enjoyment of life, anxiety, sleep disturbance, and damage to reputation.

11.4. Punitive Damages: Defendants acted with malice or with reckless indifference to Plaintiff's federally protected rights, entitling Plaintiff to punitive damages under Ark. Code Ann. § 16-123-107(c)(2)(A), subject to the combined employer-size caps in § 16-123-107(c)(2)(B), and 42 U.S.C. § 1981a(b)(1), subject to § 1981a(b)(3).

11.5. Attorney's Fees and Costs: Plaintiff is entitled to recover reasonable attorney's fees, expert-witness fees, and costs of litigation under Ark. Code Ann. § 16-123-107(c)(1)(A), 42 U.S.C. § 1988(b), and 42 U.S.C. § 2000e-5(k).

11.6. Pre- and Post-Judgment Interest: at the rates allowed by Ark. Code Ann. § 16-65-114 and 28 U.S.C. § 1961.

12. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays that this Court enter judgment in Plaintiff's favor and against Defendants, jointly and severally, granting the following relief:

Plaintiff demands the specified total amount of $[TOTAL MONETARY AMOUNT] for monetary relief requested in paragraphs C through F, subject to proof and applicable limits.

• A. A declaratory judgment that Defendants' acts and practices violated ACRA, Title VII, and 42 U.S.C. § 1981;
• B. A permanent injunction restraining Defendants from further discriminatory and retaliatory conduct and ordering reinstatement of Plaintiff to [his/her/their] prior position with full seniority and benefits;
• C. Back pay, lost benefits, and prejudgment interest in amounts to be proven at trial;
• D. Front pay in lieu of reinstatement, if reinstatement is impracticable;
• E. Compensatory damages for emotional distress, humiliation, and reputational harm;
• F. Punitive damages in an amount sufficient to punish Defendants and deter similar conduct;
• G. Reasonable attorney's fees, expert-witness fees, and costs under Ark. Code § 16-123-107(c)(1)(A), 42 U.S.C. §§ 1988 and 2000e-5(k);
• H. Post-judgment interest as allowed by law; and
• I. Such other and further relief as the Court deems just and equitable.

13. DEMAND FOR TRIAL BY JURY

Plaintiff demands a trial by jury on all issues triable of right by a jury in Arkansas circuit court pursuant to Ark. Const. art. 2, § 7 and Ark. R. Civ. P. 38.

14. RESERVATION OF RIGHTS

Plaintiff reserves the right to amend this Complaint pursuant to Ark. R. Civ. P. 15 (or Fed. R. Civ. P. 15) to add additional claims, parties, or factual allegations as discovery may reveal.

15. SIGNATURE AND SERVICE BLOCKS

Date: [DATE]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], Ark. Bar No. [____]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [NUMBER]

Facsimile: [NUMBER]

Email: [EMAIL]

16. VERIFICATION

STATE OF ARKANSAS

COUNTY OF [COUNTY]

I, [PLAINTIFF NAME], after being duly sworn, state under oath that I am the Plaintiff in the foregoing action; that I have read the foregoing Verified Complaint; and that the factual allegations therein are true and correct to the best of my knowledge, information, and belief.

[________________________________]

[PLAINTIFF NAME]

Subscribed and sworn to before me this [____] day of [_______________], 20[____].

[________________________________]

Notary Public

(My Commission Expires: [_______________])

17. CERTIFICATE OF SERVICE

After filing, arrange service of a clerk-issued summons and this Complaint together on each Defendant under Ark. R. Civ. P. 4. An electronic filing notice or routine later-paper service to counsel does not itself serve initial process. Complete the summons return or other Rule 4(d) proof only after service by an authorized person; a return by someone other than a sheriff or deputy must be sworn.

Person effecting service: [NAME AND TITLE]

Signature: [________________________________]

Sworn before (if required): [NOTARY NAME / DATE]

18. ARKANSAS PRACTICE NOTES

• No state-agency exhaustion for ACRA. Arkansas is unusual: it does NOT operate a general state human rights commission for employment claims. ACRA gives the plaintiff a direct private right of action in Circuit Court (or in federal court via supplemental jurisdiction). Ark. Code Ann. § 16-123-107(c). The Arkansas Department of Labor and Licensing handles a narrow set of wage and licensing matters but does not adjudicate ACRA claims. The Arkansas Fair Housing Commission (Ark. Code §§ 16-123-301 to -348) handles housing complaints administratively but is NOT a prerequisite to a private suit under ACRA.
• Statute of limitations. ACRA employment claims must be filed within ONE (1) YEAR of the alleged unlawful employment practice OR within 90 days of receipt of an EEOC right-to-sue letter or determination, whichever is LATER. § 16-123-107(c)(4). Non-employment ACRA claims (property transactions, public accommodations, credit or contractual transactions, voting) generally borrow the three-year personal-injury SOL of Ark. Code § 16-56-105. Title VII: 180 days to file EEOC charge; 90 days to sue after right-to-sue. § 1981: four years post-formation.
• Employer threshold. ACRA reaches employers with NINE (9) or more employees, lower than Title VII's fifteen. Ark. Code § 16-123-102(7). Always plead ACRA where coverage is uncertain under Title VII.
• Protected classes. ACRA covers race, religion, national origin, gender, and disability. “Because of race” includes natural, protective, or cultural hairstyles under the Arkansas CROWN Act (Act 514 of 2023; Ark. Code § 16-123-102(3)). ACRA does NOT cover age (use ADEA), sexual orientation, or gender identity (consider Title VII per Bostock v. Clayton County, 590 U.S. 644 (2020)).
• Damage caps. For ACRA employment claims, Ark. Code § 16-123-107(c)(2)(B) caps combined compensatory and punitive damages by employer size at $15,000, $50,000, $100,000, $200,000, or $300,000; subsection (c)(3) limits duplicate recovery under state and federal law. Back pay and interest are addressed separately in subsection (c)(1). Do not apply Ark. Code § 16-55-208's former $250,000 / three-times / $1,000,000 figures as a current default: the Arkansas Supreme Court held that cap unconstitutional as applied outside employment relationships in Bayer CropScience LP v. Schafer, 2011 Ark. 518. For federal counts, verify the claim-specific federal limits before pleading an amount.
• Individual liability. Title VII does not impose individual supervisory liability (Bonomolo-Hagen v. Clay Central-Everly Cmty. Sch. Dist., 121 F.3d 446 (8th Cir. 1997)). ACRA generally follows the same rule for employment claims, but individual liability may exist for non-employment ACRA claims and for claims under § 16-123-105 (color-of-law) and § 1983.
• Removal risk. ACRA-only complaints filed in state court may be removed by a defendant under 28 U.S.C. § 1441 if a federal claim is included or diversity jurisdiction exists, subject to § 1441(b)(2): a properly joined and served Arkansas defendant prevents removal based solely on diversity. To minimize removal risk, plead ACRA-only in Circuit Court when Title VII is barred or when federal counts are not strategically necessary.
• Forum selection. The Eastern and Western Districts of Arkansas are divided into the counties and divisions listed in 28 U.S.C. § 83. For example, the Western District includes Sebastian (Fort Smith Division), Washington and Benton (Fayetteville Division), and Garland (Hot Springs Division). Verify the proper division and current local rules before filing.
• Settlement leverage. ACRA's nine-employee threshold may reach employers outside Title VII's fifteen-employee threshold. For employment claims, ACRA permits suit within one year of the alleged discrimination or within ninety days after receipt of an EEOC right-to-sue letter or determination, whichever is later. Calendar the distinct federal charge-filing and suit deadlines separately. EEOC mediation through the Little Rock Area Office is voluntary, free, and frequently resolves charges before investigation.
• Pleading standard. Arkansas Circuit Courts apply fact pleading under Ark. R. Civ. P. 8(a)(1) (more demanding than federal notice pleading); federal courts apply Twombly/Iqbal plausibility. Tailor factual paragraphs accordingly.

19. SOURCES AND REFERENCES

• Ark. Code Ann. § 16-123-101 et seq. (Arkansas Civil Rights Act of 1993) — https://law.justia.com/codes/arkansas/title-16/subtitle-7/chapter-123/subchapter-1/
• Ark. Code Ann. § 16-123-107 (Discrimination offenses; private right of action) — https://law.justia.com/codes/arkansas/title-16/subtitle-7/chapter-123/subchapter-1/section-16-123-107/
• Ark. Code Ann. § 16-123-102 (Definitions; protected classes) — https://law.justia.com/codes/arkansas/title-16/subtitle-7/chapter-123/subchapter-1/section-16-123-102/
• Ark. Code Ann. § 16-123-201 et seq. (Arkansas Fair Housing Act) — https://law.justia.com/codes/arkansas/title-16/subtitle-7/chapter-123/subchapter-2/
• Ark. Code Ann. § 16-123-301 et seq. (Arkansas Fair Housing Commission) — https://law.justia.com/codes/arkansas/title-16/subtitle-7/chapter-123/subchapter-3/
• 42 U.S.C. § 2000e et seq. (Title VII) — https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964
• 42 U.S.C. § 1981 (Equal contract rights)
• 42 U.S.C. § 1981a (Damages in cases of intentional discrimination)
• 42 U.S.C. § 1988(b) (Attorney's fees)
• Arkansas General Assembly — https://arkleg.state.ar.us/
• Arkansas Judiciary (Circuit Courts) — https://www.arcourts.gov/
• EEOC Little Rock Area Office, 820 Louisiana Street, Suite 200, Little Rock, AR 72201 — https://www.eeoc.gov/field-office/littlerock
• Bostock v. Clayton County, 590 U.S. 644 (2020) (Title VII covers sexual orientation and gender identity)
• Jones v. R.R. Donnelley & Sons Co., 541 U.S. 369 (2004) (§ 1658 applies when the claim was made possible by a post-1990 enactment)
• Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986) (hostile environment)
• Harris v. Forklift Systems, Inc., 510 U.S. 17 (1993) (severe-or-pervasive standard)
• McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973) (burden-shifting framework)
• Island v. Buena Vista Resort, 352 Ark. 548 (2003) (ACRA construction)
• Arkansas CROWN Act, Act 514 of 2023, § 4 (codified in part at Ark. Code § 16-123-102(3)) — https://www.arkleg.state.ar.us/Home/FTPDocument?path=%2FACTS%2F2023R%2FPublic%2FACT514.pdf
• U.S. Commission on Civil Rights, Arkansas Advisory Committee, Review of the Arkansas Civil Rights Act of 1993 — https://www.usccr.gov/files/pubs/sac/ar0201/ch2.htm

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Arkansas must review and customize this document before filing. Laws, citations, deadlines, and court rules change frequently; verify all authorities before use.