FEPA Discrimination Charge and Right-to-Sue Procedure — Arkansas

FEPA Discrimination Charge and Right-to-Sue Procedure (Arkansas)

Quick-Reference Summary

Part A — Pre-Filing Eligibility Memo

To: [CLIENT / FILE]
From: [ATTORNEY NAME]
Re: Arkansas Civil Rights Act eligibility and forum strategy
Date: [__/__/____]

1. Threshold Coverage

2. Protected Basis

ACRA covers (Ark. Code Ann. § 16-123-107(a)):
☐ Race ☐ Religion ☐ National Origin ☐ Gender (incl. pregnancy)
☐ Sensory disability ☐ Mental disability ☐ Physical disability
☐ Retaliation for ACRA-protected activity

ACRA does NOT cover (use federal):
☐ Age (40+) — use ADEA
☐ Sexual orientation / gender identity — use Title VII (Bostock)

3. Adverse Employment Action

☐ Failure to hire ☐ Termination ☐ Demotion ☐ Failure to promote
☐ Unequal pay ☐ Harassment / hostile work environment
☐ Failure to accommodate ☐ Constructive discharge ☐ Retaliation
☐ Other: [____]

4. Forum / Strategy Analysis

5. Strategic Considerations

• ACRA's 1-year SOL is SHORTER than federal Title VII deadlines once admin process completes — calendar carefully.
• Direct ACRA filing avoids EEOC delays and preserves state-court forum.
• Punitive damages available under both ACRA and Title VII / ADA.
• Filing EEOC charge tolls Title VII / ADA / ADEA limitations but does NOT toll ACRA's 1-year clock (unless within 90 days of RTSL).
• Arkansas does not have a state FEPA agency for general claims — confirm any city-specific ordinance (Little Rock, Fayetteville) for additional protections.

6. Recommendation

☐ File ACRA in circuit court (no admin exhaustion) ☐ File EEOC charge for federal claims
☐ Dual-track (ACRA + EEOC) ☐ Decline representation
Notes: [____________________________________________________________]

Part B — EEOC Charge of Discrimination (Federal Claims Only)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Little Rock Area Office
820 Louisiana Street, Suite 200
Little Rock, AR 72201
Phone: 1-800-669-4000
Online: https://publicportal.eeoc.gov/Portal/Login.aspx

Date of Filing: [__/__/____]
EEOC Charge No. (assigned): [________________________________]

Charging Party

Respondent (Employer)

Bases (federal)

☐ Race ☐ Color ☐ Religion ☐ Sex (incl. pregnancy, sexual orientation, gender identity)
☐ National Origin ☐ Age (40+) ☐ Disability ☐ Genetic Information
☐ Retaliation for protected activity

Dates

Particulars

I, [CHARGING PARTY NAME], believe I have been discriminated against by [RESPONDENT NAME] in violation of Title VII of the Civil Rights Act of 1964 / the ADA / the ADEA, as follows:

1. I am [protected class].
2. I was qualified for my position. I worked as [POSITION] from [__/__/____] to [__/__/____].
3. On or about [__/__/____], I suffered the following adverse action: [____].
4. The adverse action was based on my [protected basis] because [____].
5. Similarly situated employees outside my protected class were treated more favorably: [____].
6. Respondent's stated reason is pretextual because [____].

Verification

I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.

Executed on [__/__/____] at [CITY], Arkansas.

Signature: _________________________________

Part C — Right-to-Sue Demand Letter (EEOC)

[LETTERHEAD / DATE]

U.S. Equal Employment Opportunity Commission
Little Rock Area Office
820 Louisiana Street, Suite 200
Little Rock, AR 72201

Re: Request for Notice of Right to Sue under 29 C.F.R. § 1601.28
EEOC Charge No.: [________________________________]
Charging Party: [________________________________]
Respondent: [________________________________]
Date Charge Filed: [__/__/____]

Dear Sir/Madam:

Pursuant to 29 C.F.R. § 1601.28, the undersigned Charging Party respectfully requests that the EEOC issue a Notice of Right to Sue for the above-referenced charge.

[OPTION 1] More than 180 days have elapsed since the filing of the charge, and the EEOC has not issued a determination. Charging Party elects to terminate administrative processing and proceed in federal court.

[OPTION 2] Charging Party seeks early issuance prior to 180 days, with the understanding that the EEOC must make a finding under § 1601.28(a)(2) that it is probable the agency will be unable to complete its administrative processing within 180 days.

Charging Party understands that a federal civil action must be filed within ninety (90) days of receipt of the Notice. Please forward the Notice by mail and email to the addresses below.

Sincerely,

_________________________________
[CHARGING PARTY] / [ATTORNEY NAME]
[ADDRESS]
[PHONE] | [EMAIL]

Part D — Pre-Suit Civil Complaint (Direct ACRA Action — State Court)

IN THE CIRCUIT COURT OF [COUNTY] COUNTY, ARKANSAS
[____] DIVISION

COMPLAINT FOR EMPLOYMENT DISCRIMINATION
(Arkansas Civil Rights Act of 1993, Ark. Code Ann. § 16-123-101 et seq.; Jury Trial Demanded)

Plaintiff [NAME], by and through undersigned counsel, alleges:

Parties, Jurisdiction, and Venue

1. Plaintiff is a resident of [COUNTY] County, Arkansas.
2. Defendant is [an Arkansas corporation / a foreign corporation authorized to do business in Arkansas] with its principal place of business at [____].
3. This Court has subject-matter jurisdiction under Ark. Const. amend. 80, § 6 and Ark. Code Ann. § 16-123-105.
4. Venue is proper in [COUNTY] County under Ark. Code Ann. § 16-60-101 et seq. because [____].

No Administrative Exhaustion Required

5. The Arkansas Civil Rights Act of 1993 creates a direct private right of action in court of competent jurisdiction without any requirement of administrative exhaustion. Ark. Code Ann. § 16-123-107(b), (c).

Timeliness

6. This action is timely commenced within one (1) year of the alleged discriminatory act pursuant to Ark. Code Ann. § 16-123-107(c)(4) [OR within 90 days of receipt of the EEOC Notice dated [__/__/____], attached as Exhibit A].

Factual Allegations

7. Plaintiff was hired by Defendant on [__/__/____] as [POSITION].
8. Plaintiff is a member of a protected class under Ark. Code Ann. § 16-123-107(a)(1), specifically [____].
9. Plaintiff was qualified for the position and performed satisfactorily.
10. [Set forth specific discriminatory acts, dates, decision-makers, comparators, pretext evidence.]
11. On or about [__/__/____], Defendant [TERMINATED / DEMOTED / etc.] Plaintiff.
12. Defendant's stated reason was pretextual, as shown by [____].

Count I — Employment Discrimination (Ark. Code Ann. § 16-123-107(a)(1))

13. Plaintiff incorporates the preceding paragraphs.
14. Defendant intentionally discriminated against Plaintiff in employment because of Plaintiff's [PROTECTED BASIS] in violation of Ark. Code Ann. § 16-123-107(a)(1).
15. As a direct and proximate result, Plaintiff has suffered lost wages, lost benefits, emotional distress, and other damages.

Count II — Retaliation (if applicable)

16. Plaintiff incorporates the preceding paragraphs.
17. Plaintiff engaged in protected activity by [____].
18. Defendant took adverse action against Plaintiff because of that protected activity.

Prayer for Relief

WHEREFORE, Plaintiff respectfully prays for judgment against Defendant for:

a. Injunctive relief enjoining further violations;
b. Compensatory damages, including back pay, front pay, emotional distress, and other consequential losses;
c. Punitive damages pursuant to Ark. Code Ann. § 16-123-107(b), (c)(2), subject to applicable statutory caps;
d. Reinstatement or front pay in lieu of reinstatement;
e. Reasonable attorney fees and costs of litigation pursuant to Ark. Code Ann. § 16-123-107(b);
f. Pre- and post-judgment interest;
g. Such other relief as the Court deems just and equitable.

JURY TRIAL DEMANDED on all issues so triable.

Dated: [__/__/____]

Respectfully submitted,

_________________________________
[ATTORNEY NAME], AR Bar No. [____]
[FIRM] | [ADDRESS]
[PHONE] | [EMAIL]
ATTORNEY FOR PLAINTIFF

Part E — Pre-Filing Checklist

Eligibility and Timeliness

☐ Confirmed employer covered under ACRA (typically 9+ employees)
☐ Confirmed employer covered under Title VII / ADA / ADEA (if pursuing federal claims)
☐ Last discriminatory act within 1 year (ACRA — § 16-123-107(c)(4))
☐ EEOC charge within 180 days (federal claims)
☐ Identified protected basis under ACRA (race, religion, national origin, gender, disability)
☐ Considered ADEA route if age-based (ACRA does not cover age)
☐ Documented adverse employment action
☐ Identified comparator(s) outside protected class

Documentation

☐ Personnel file / performance reviews obtained
☐ Termination / discipline notices preserved
☐ Pay records and W-2s gathered
☐ Witness list with contact information
☐ Comparator evidence preserved
☐ Direct evidence (emails, texts, voicemails, social media) preserved
☐ Mitigation records (job search documentation)

Forum Decision

☐ ACRA direct civil action in Arkansas Circuit Court — no agency filing
☐ EEOC charge for federal claims (Title VII / ADA / ADEA)
☐ Dual-track strategy evaluated
☐ Removal risk assessed (federal-claim removal under 28 U.S.C. § 1441)
☐ Local Little Rock / Fayetteville / Eureka Springs ordinances considered for additional protections

Suit Filing (ACRA Direct Action)

☐ Complaint drafted within 1-year SOL
☐ Venue confirmed (county of plaintiff, defendant's principal place of business, or where act occurred)
☐ No administrative exhaustion required — confirmed in pleadings
☐ Filing fee paid
☐ Service of process planned per Ark. R. Civ. P. 4
☐ Jury demand included if desired
☐ Damages calculations (compensatory, punitive, attorney fees)

Federal Suit Filing (if dual-track)

☐ EEOC Notice of Right to Sue received and dated
☐ Federal complaint filed within 90 days of RTSL receipt
☐ EEOC charge attached as exhibit
☐ ACRA claims joined under supplemental jurisdiction (28 U.S.C. § 1367)

Sources and References

• Arkansas Civil Rights Act of 1993, Ark. Code Ann. § 16-123-101 et seq.: https://codes.findlaw.com/ar/title-16-practice-procedure-and-courts/ar-code-sect-16-123-101/
• Ark. Code Ann. § 16-123-107 (civil action and 1-year SOL): https://law.justia.com/codes/arkansas/title-16/subtitle-7/chapter-123/subchapter-1/section-16-123-107/
• U.S. Commission on Civil Rights — Review of the Arkansas Civil Rights Act of 1993: https://www.usccr.gov/files/pubs/sac/ar0201/ch2.htm
• Baker Donelson — Quick and Easy Guide to Labor & Employment Law: Arkansas: https://www.bakerdonelson.com/easy-guide-arkansas
• EEOC Filing a Charge: https://www.eeoc.gov/filing-charge-discrimination
• EEOC Little Rock Area Office: https://www.eeoc.gov/field-office/littlerock/location
• EEOC Public Portal: https://publicportal.eeoc.gov/Portal/Login.aspx
• ALFA International — Arkansas Labor & Employment Compendium: https://www.alfainternational.com/compendium/labor-employment/arkansas/