§ 12-62-802 - Definitions. - Arkansas Statutes

12-62-802. Definitions.

As used in this subchapter:

(1) (A) "Back pay" means the amount of compensation that an employee would have earned if the employer had not engaged in conduct prohibited under this subchapter.

(B) "Back pay" shall not include any compensation that would have been earned before two (2) years from the date that the cause of action permitted under this subchapter is initially filed;

(2) "Compensatory damages" means damages for:

(A) Back pay and interest on back pay;

(B) Mental anguish;

(C) Loss of dignity; or

(D) Other intangible injuries;

(3) (A) "Employee" means a person who performs work or service of any type for compensation on a full-time or part-time basis.

(B) "Employee" includes an applicant for a position to perform work or service for compensation.

(C) "Employee" does not include:

(i) Any individual employed by his or her parents, spouse, or child;

(ii) An individual participating in a specialized employment training program conducted by a nonprofit sheltered workshop or rehabilitation facility;

(iii) An individual employed outside the State of Arkansas; or

(iv) An independent contractor;

(4) "Employer" means a person or entity who employs five (5) or more employees in the State of Arkansas in each of twenty (20) or more calendar weeks in the current or preceding calendar year before the cause of action arose, or any agent of the person;

(5) "Military service" means current honorable service or honorable discharge from service within six (6) months from the date of the alleged discrimination in any active or reserve component of the United States armed forces; and

(6) "Religious organization" means a church or other place of worship that:

(A) Is located in the state; and

(B) Provides religious services to its congregation.