['Discrimination']
['Pregnancy Discrimination']
07/16/2024
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Summary of differences between federal and state regulations
Arkansas state law, as well as federal laws, prohibit discrimination on the basis of pregnancy. The unlawful employment practices and exemptions are similar to those under the federal regulations. A woman cannot be fired because she is pregnant or has had an abortion.
Employer defined
“Employer” means a person who employs nine or more employees in the State of Arkansas in each of 20 or more calendar weeks in the current or preceding calendar year, or any agent of such person.
Unlawful employment practices
The unlawful employment practices regarding pregnancy are not as extensive as those under the federal guidelines. However, the state law notes that discrimination because of gender includes pregnancy, childbirth, or related medical conditions. A defendant may avoid liability by showing that his actions were based on legitimate, nondiscriminatory factors and not on unjustified reasons. Certain exemptions are provided for insurance purposes, benefit plans, and related areas as long as the conduct is based on a bona fide business judgment and is not a pretext for prohibited discrimination.
The provisions relating to employment are not applicable with respect to employment by a religious corporation, association, society, or other religious entity.
Recordkeeping
Employers must keep records of the name, address, and occupation of each employee, the daily and weekly hours worked by each person, and of the wages paid each pay period. Covered employers must maintain records of the salaries and wage rates, job classifications, and other terms and conditions of employment for each employee. These records must be preserved for three years.
Federal
Contact
Equal Employment Opportunity Commission (EEOC)
Regulations
Pregnancy Discrimination Act, Public Law 95-555, 92 Stat. 2076 (1978)
29 CFR Parts 1604.10, Employment policies relating to pregnancy and childbirth.
Appendix A to Part 1604, Questions and Answers on the Pregnancy Discrimination Act, Public Law 95-555, 92 Stat. 2076 (1978)
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Copyright 2024 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.