(a) As used in this section, “state” means the State of Arkansas, a city, a county, an institution of higher education, a public school district, a public special school district, or a political subdivision or governmental instrumentality of the state.
(b) The state shall not discriminate against, or grant preferential treatment to, an individual or group on the basis of race, sex, color, ethnicity, or national origin in matters of state employment, public education, or state procurement.
(c) This section applies only to an action taken after August 5, 2025.
(d) This section does not:(1) Prohibit the consideration by the state of bona fide qualifications based on sex that are reasonably necessary to the normal functions of state employment, public education, or state procurement;(2) Invalidate a court order or consent decree that is in force as of August 5, 2025;(3) Prohibit an action necessary to establish or maintain eligibility for a federal program if ineligibility would demonstrably result in a loss of federal funds to the state;(4) Affect any preference given to veterans in matters of state employment, public education, or state procurement; or(5) Preempt state discrimination law or federal discrimination law.
(1) Prohibit the consideration by the state of bona fide qualifications based on sex that are reasonably necessary to the normal functions of state employment, public education, or state procurement;
(2) Invalidate a court order or consent decree that is in force as of August 5, 2025;
(3) Prohibit an action necessary to establish or maintain eligibility for a federal program if ineligibility would demonstrably result in a loss of federal funds to the state;
(4) Affect any preference given to veterans in matters of state employment, public education, or state procurement; or
(5) Preempt state discrimination law or federal discrimination law.
(e) (1) A person who believes his or her rights have been impacted under this section may bring a civil action in circuit court to:(A) Enjoin a violation of this section; and(B) Recover reasonable court costs and attorney's fees.(2) In an action brought under this section, if the court finds that a violation occurred, the court shall:(A) Award:(i) Injunctive relief; and(ii) Court costs and attorney's fees, if the court may award court costs and attorney's fees against the defendant; and(B) If the court may not award court costs and attorney's fees against the defendant, order the Arkansas State Claims Commission to award court costs and attorney's fees.
(1) A person who believes his or her rights have been impacted under this section may bring a civil action in circuit court to:(A) Enjoin a violation of this section; and(B) Recover reasonable court costs and attorney's fees.
(A) Enjoin a violation of this section; and
(B) Recover reasonable court costs and attorney's fees.
(2) In an action brought under this section, if the court finds that a violation occurred, the court shall:(A) Award:(i) Injunctive relief; and(ii) Court costs and attorney's fees, if the court may award court costs and attorney's fees against the defendant; and(B) If the court may not award court costs and attorney's fees against the defendant, order the Arkansas State Claims Commission to award court costs and attorney's fees.
(A) Award:(i) Injunctive relief; and(ii) Court costs and attorney's fees, if the court may award court costs and attorney's fees against the defendant; and
(i) Injunctive relief; and
(ii) Court costs and attorney's fees, if the court may award court costs and attorney's fees against the defendant; and
(B) If the court may not award court costs and attorney's fees against the defendant, order the Arkansas State Claims Commission to award court costs and attorney's fees.