Ark. Code Ann. § 11-4-601 (2020)
Discrimination on the basis of sex prohibited
- Every employer in the state shall pay employees equal compensation for equal services, and no employer shall discriminate against any employee in the matter of wages or compensation solely on the basis of the sex of the employee.
- An employer who violates or fails to comply with the provisions of this section shall be guilty of a Class C misdemeanor, and each day that the violation or failure to comply continues shall be a separate offense.
History. Acts 1977, No. 282, §§ 1, 2; A.S.A. 1947, §§ 81-333, 81-334.
Publisher's Notes. This section may partially supersede §§ 11-4-607 — 11-4-612.
Case Notes
Cited: Holt v. Deer-Mt. Judea Sch. Dist., 135 F. Supp. 3d 898 (W.D. Ark. 2015).
11-4-602 — 11-4-606. [Reserved.]
As used in §§ 11-4-608 — 11-4-612, unless the context otherwise requires:
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- “Employee” means an individual who performs services for an employer for wages in a lawful business, industry, trade, profession, or enterprise, and the individual's employment status has been determined by consideration of the twenty-factor test required by the Empower Independent Contractors Act of 2019, § 11-1-201 et seq.
- “Employee” does not include a person engaged in domestic service in the home of the employer; in agricultural service, or in temporary or seasonal employment; an employee of any social club, fraternal, charitable, educational, religious, scientific, or literary association, no part of the net earnings of which inures to the benefit of any private individual;
- “Employer” means a person, natural or artificial, acting in the interest of an employer directly or indirectly; and
- “Employment” means employment of an employee under contract of hire, expressed or implied, written or oral.
History. Acts 1955, No. 361, § 1; A.S.A. 1947, § 81-623; Acts 2019, No. 1055, § 3.
Publisher's Notes. Sections 11-4-607 — 11-4-612 may be partially superseded by § 11-4-601.
Amendments. The 2019 amendment rewrote (1)(A); substituted “‘Employee’ does not include a person” for “However, it shall not include persons” and substituted “an employee” for “employees” in (1)(B); substituted “means a” for “shall include any” in (2); and substituted “employment of an employee” for “any employment” in (3).
Case Notes
Voluntary Termination.
There is nothing in §§ 11-4-607—11-4-612 which even remotely suggests that an employee may voluntarily quit her job because of an isolated incident which might arguably be in violation of one of those sections and thereby preserve unemployment insurance benefits. Graham v. Daniels, 269 Ark. 717, 601 S.W.2d 225 (Ct. App. 1980).
Cited: Meredith v. Dillard Dep't Stores, Inc., 272 Ark. 498, 616 S.W.2d 471 (1981).