Age Discrimination Laws in Arkansas: Your Workplace Rights

The Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq., is the primary federal law protecting workers from age discrimination. The ADEA applies to employers with 20 or more employees and covers employees age 40 and older. The law prohibits discrimination in hiring, firing, compensation, job assignments, promotions, layoffs, training, and any other term or condition of employment based on age. The EEOC enforces the ADEA through investigation of charges filed by employees.

Under the ADEA, an employer may not discriminate based on age and cannot request or consider age information that reveals age unless it is directly relevant to a bona fide occupational qualification. The law protects against both intentional discrimination (disparate treatment) and facially neutral policies that have a disparate impact on older workers (disparate impact).

Employers can defend age-based decisions if they are based on reasonable factors other than age (RFOA) or if age is a bona fide occupational qualification (BFOQ). Remedies available under federal ADEA include back pay from the date of discrimination to judgment, front pay for future lost earnings, compensatory damages for emotional distress, and liquidated damages (doubling the back pay award) if the violation was willful. Attorneys' fees and costs are also recoverable.

Arkansas has no separate state law prohibiting age discrimination. The state has not enacted an independent age discrimination statute and does not have a state civil rights agency with enforcement authority over age discrimination claims. This means that age discrimination protection in Arkansas is exclusively governed by the federal Age Discrimination in Employment Act (ADEA).

Because Arkansas lacks a state law, there is no state-level filing option. Employees must file directly with the federal Equal Employment Opportunity Commission (EEOC), which has jurisdiction over all age discrimination claims in Arkansas. Arkansas is classified as a non-deferral state, meaning the EEOC does not defer to a state agency and instead accepts and processes all charges filed in Arkansas.

Unlike some states that have lower thresholds (e.g., California covers employers with five or more employees), Arkansas follows the federal ADEA threshold: only employers with 20 or more employees are covered. The lack of a state statute means Arkansas provides no additional protections beyond the ADEA, no enhanced remedies at the state level, and no state agency recourse. Employees rely entirely on federal ADEA remedies: back pay, front pay, compensatory damages, and liquidated damages. The 180-day filing deadline in Arkansas is the federal standard for non-deferral states; there is no extended state deadline. This gap in state law means older workers in Arkansas have less protection than those in states with parallel or enhanced state age discrimination statutes.

The ADEA contains several important exceptions that limit age discrimination protections. A bona fide occupational qualification (BFOQ) exception allows an employer to make age-based decisions if age is reasonably necessary to the normal operation of the particular business. BFOQs are narrowly construed and rarely upheld; examples might include public safety positions with mandatory retirement ages established by law.

The reasonable factors other than age (RFOA) defense permits employers to make decisions based on factors that are not age-related, even if those factors have an incidental impact on older workers. Courts have upheld decisions based on legitimate business reasons including reduction in force criteria, performance ratings, compensation structure changes unrelated to age, and technology competency requirements—provided the employer can demonstrate the factor is applied consistently and without regard to age.

The ADEA does not apply to employers with fewer than 20 employees, creating a significant gap in protection for employees of smaller Arkansas businesses. Employees of such businesses have no federal ADEA recourse and cannot rely on state law, as Arkansas has no independent age discrimination statute. The ADEA also does not cover independent contractors, federal employees (who have separate age discrimination protections), or certain employees of Native American tribes.

Defense-related exceptions include good cause discharge in certain federal employee contexts and employment decisions based on seniority systems or benefit plans that are not subterfuges for age discrimination. Employers may also defend reduction-in-force decisions if they can demonstrate the decision was based on documented performance, legitimate business restructuring, or other non-age factors applied neutrally across age groups.

Step 1: Document the discrimination immediately and thoroughly. Keep copies of emails, text messages, performance reviews, job postings, and any written or recorded statements indicating age bias. Document the dates, times, names of witnesses, and specific language used (e.g., 'too old,' 'overqualified for someone your age,' 'we need fresh energy'). Save pay stubs, promotion records, and any communications comparing you to younger employees. Take screenshots of social media or internal communications if relevant. Create a personal timeline of events: when the discriminatory act occurred, when you were aware of it, and when you were harmed (e.g., denied promotion, terminated, passed over for assignment).

Step 2: File an internal complaint with your employer's human resources department if a complaint procedure exists. Document this complaint in writing via email to HR, clearly stating the age-based treatment you experienced and requesting investigation. This step creates an internal record and may trigger the employer's obligation to investigate. Keep a copy of your complaint and any response. Note that filing an internal complaint does not pause the 180-day EEOC deadline, so proceed simultaneously to Step 3. Some employers require internal exhaustion, but the EEOC does not; proceeding to the EEOC does not waive your right to pursue internal remedies.

Step 3: File an EEOC charge of discrimination. In Arkansas (non-deferral state), contact the EEOC Memphis Area Office, which has jurisdiction over Arkansas. File online at www.eeoc.gov/file-charge-discrimination, by mail to the Memphis office (1407 Union Ave., Suite 521, Memphis, TN 38104), or by phone at (901) 544-0115. You must file within 180 days of the discriminatory act. The charge must include your name, contact information, employer name and address, description of the discrimination (include dates and age-related comments), and the relief you seek. You do not need an attorney to file. Provide as much detail as possible about how age was a factor in the employer's decision.

Step 4: Participate in the EEOC investigation. After filing, the EEOC will notify your employer and typically request a written response within 10 business days. The EEOC will send you a copy of the employer's response and may request additional documentation from you. Respond promptly to all EEOC requests. The investigation typically takes 180–365 days. The EEOC will conduct interviews, review documents, and determine whether there is reasonable cause to believe discrimination occurred. If the EEOC finds reasonable cause, it will issue a Right to Sue letter and attempt conciliation; if no cause is found, you receive a Right to Sue letter allowing you to file a private lawsuit. The Right to Sue letter is issued regardless of the outcome and is necessary to file a federal court lawsuit.

Step 5: Consult an employment law attorney if the EEOC issues a Right to Sue letter or if you wish to file a lawsuit before the investigation concludes (you may file suit 60 days after filing your charge). An ADEA attorney will evaluate the strength of your claim, calculate potential damages (back pay, front pay, compensatory damages, liquidated damages), and advise on litigation strategy. Many employment law firms work on contingency (no upfront fee) because ADEA prevailing plaintiffs recover attorneys' fees and costs. An attorney can also negotiate a settlement and represent you in mediation or litigation. Even if your EEOC charge is denied, you have the right to sue in federal court within 90 days of receiving the Right to Sue letter.