Arkansas Amends Its Hiring Practices Law to Permit Disclosures of Allegations of Sexual Abuse and Sexual Harassment

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Maria V. Martin

August 26, 2025

Overview

In an effort to enhance workplace transparency and safety, Arkansas amended its Hiring Practices Law through Arkansas House Bill 1643, now known as Act 369.  This legislative change allows employers to disclose information to an employee’s prospective employer about allegations of sexual abuse and sexual harassment in the workplace, provided the employee has executed a written consent to the disclosure of information about their employment history.  This amendment became effective on August 4, 2025.

Background on Arkansas’ Hiring Practices Law

Arkansas’ Hiring Practices Law, Ark. Code Ann. § 11-3-204, permits a current or former employer to disclose the following information about a current or former employee to a prospective employer provided the employee has consented in writing to the disclosure of information about their work history:

• Duration and dates of employment
• Current pay rate and wage history
• Job description and duties
• The last written performance evaluation prepared prior to the date of the request for disclosure
• Attendance information
• Results of drug or alcohol tests administered within one year of the request for disclosure
• Threats of violence, harassing acts, or threatening behavior related to the workplace or directed to another employee
• Whether the employee was voluntarily or involuntarily separated from employment and the reason for the separation
• Whether the employee is eligible for rehire

The statute provides employers with immunity from civil liability for these disclosures provided they were made in good faith.  The consent required by an employee must (1) be on a separate form from the application form or, if included in the application form, shall be in bold letters and in larger typeface than the largest typeface in the text of the application form; (2) state, at a minimum, language similar to the following: “I, (applicant), hereby give consent to any and all prior employers of mine to provide information with regard to my employment with prior employers to (prospective employer); and (3) must be signed and dated.

The written consent is valid only for a certain period of time depending upon the particular circumstances of the employee:  (1) the consent is valid only for the length of time that the application is considered active by the prospective employer; (2) if an applicant is hired and remains with the new employer for longer than six months, the consent is valid for no longer than six months; or (3) if the applicant is hired and remains with the new employer for less than six months, the consent is valid for six months after the termination of employment.

The Amendment

Under the amendment, employers may now disclose the following additional information about a current or former employee’s workplace history provided the employee has executed a written consent:

• A substantiated allegation of sexual abuse or sexual harassment by the employee.
• The resignation by a former employee during a pending investigation of an allegation of sexual abuse or sexual harassment against the former employee.

Implications of the Amendment

• For Employers:  The amendment provides a framework for employers to share critical information about misconduct without fear of legal repercussions, provided employers adhere to the requirements of substantiation and an employee’s written consent.  However, employers should exercise caution to ensure that the disclosures are accurate to avoid defamation or other legal claims.
• For Employees:  While the amendment promotes workplace transparency and safety, it also raises concerns about potential misuse.  Employees may worry about the impact of disclosures on their future employment, particularly if allegations were unsubstantiated or if they resigned for unrelated reasons.
• For Prospective Employers:  The amendment provides prospective employers with access to information about which they likely would have been unaware.  This framework can help prevent the hiring of individuals with a history of serious misconduct, thereby fostering safer workplaces.

Conclusion

This amendment represents a bold step toward addressing issues of sexual abuse and sexual harassment in the workplace.  Nevertheless, Arkansas employers may wish to consult with counsel before making these disclosures to ensure that they meet the statutory requirements for doing so.  Employers also may wish to monitor the courts’ dockets to evaluate any litigation resulting from this amendment.

The author of this article, Maria V. Martin, is a member of the Bars of New Jersey, New York, Ohio, and Pennsylvania. This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice in New Jersey, New York, Ohio, Pennsylvania, Arkansas, or any other jurisdiction, nor does it establish an attorney-client relationship with any reader of the article where one does not exist. Always consult an attorney with specific legal issues.