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Ark. Code Ann. § 16-123-102

Ark. Code Ann. § 16-123-102 – Disability Discrimination

  For the purposes of this subchapter:

   (1) "Because of gender" means, but is not limited to, on account of pregnancy, childbirth, or related medical conditions;

   (2) "Compensatory damages" means damages for mental anguish, loss of dignity, and other intangible injuries, but "compensatory damages" does not include punitive damages;

   (3) "Disability" means a physical or mental impairment that substantially limits a major life function, but "disability" does not include:

      (A) Compulsive gambling, kleptomania, or pyromania;

      (B) Current use of illegal drugs or psychoactive substance use disorders resulting from illegal use of drugs; or

      (C) Alcoholism;

   (4) "Employee" does not include:

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

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

      (C) An individual employed outside the State of Arkansas;

   (5) "Employer" means a person who employs nine (9) or more employees in the State of Arkansas in each of twenty (20) or more calendar weeks in the current or preceding calendar year, or any agent of such person;

   (6) "National origin" includes ancestry;

   (7) "Place of public resort, accommodation, assemblage, or amusement" means any place, store, or other establishment, either licensed or unlicensed, that supplies accommodations, goods, or services to the general public, or that solicits or accepts the patronage or trade of the general public, or that is supported directly or indirectly by government funds, but "place of public resort, accommodation, assemblage, or amusement" does not include:

      (A) Any lodging establishment which contains not more than five (5) rooms for rent and which is actually occupied by the proprietor of such establishment as a residence; or

      (B) Any private club or other establishment not in fact open to the public; and

   (8) "Religion" means all aspects of religious belief, observance, and practice.

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