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Summary of differences between federal and state regulations
Arrest & conviction record inquiries
Arkansas has no laws or regulations specifically prohibiting arrest or conviction record inquiries.
Employer immunity from disclosure claims
In Arkansas, an employer/former employer may disclose the specific information about an employee/former employee to a prospective employer if the employer/former employer receives written consent from the employee/former employee, unless he/she is not acting in good faith. Disclosures may include the information listed in Arkansas Code 11-3-204(a) (1). An employer may be liable for disclosures not made in good faith. Lack of good faith may be shown if the employer/former employer disclosed false information recklessly, knowingly, or with malicious intent.
Blacklisting any person in order to prevent that person from securing employment or cause the discharge of any person employed by any company or individual is a crime.
State
Contact
Employer immunity from disclosure claims
Arrest record inquiries
Conviction record inquiries
Regulations
Employer immunity from disclosure claims
Arkansas Code 11-3-202, False statements or blacklists to prevent employment prohibited
Arkansas Code 11-3-204, Providing references to prospective employers
Arrest record inquiries
Arkansas Code 17-1-103, Registration, certification, and licensing for criminal offenders
Conviction record inquiries
Arkansas Code 17-1-103, Registration, certification, and licensing for criminal offenders
Federal
Contacts
Employer immunity from disclosure claims
None.
Arrest record inquiries
Equal Employment Opportunity Commission (EEOC)
Conviction record inquiries
Equal Employment Opportunity Commission (EEOC)
Regulations
Employer immunity from disclosure claims
None.
Arrest record inquiries
None; however, EEOC published the enforcement guidance, Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, on April 25, 2012.
Conviction record inquiries
None; however, EEOC published the enforcement guidance, Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, on April 25, 2012.