What happened?

On March 20, 2025, Governor Sarah Huckabee Sanders signed Arkansas House Bill 1643 (HB1643) into law, now known as Act 369. This legislation allows current or former employers to disclose substantiated allegations of sexual abuse or harassment by a current or former employee to a prospective employer, provided the employee gives written consent.

Overview:

The act amends Arkansas employment law to enhance transparency in hiring practices, allowing employers to share information about substantiated allegations of sexual abuse or harassment, or instances where an employee resigned during an ongoing investigation, with prospective employers, but only with the employee’s written consent.

• This act aims to help employers make more informed hiring decisions and potentially prevent future workplace harassment.

Amended Provisions:

• Disclosure of Employment History: Employers can disclose various aspects of an employee’s history, including:
  
  • Dates and duration of employment.
  • Current pay rate and wage history.
  • Job description and duties.
  • Last written performance evaluation.
  • Attendance information.
  • Results of drug or alcohol tests administered within one year prior to the request.
  • Threats of violence, harassing acts, or threatening behavior related to the workplace.
  • Substantiated allegations of sexual abuse or harassment, or resignation during a pending investigation of such allegations.
  • Reasons for voluntary or involuntary separation from employment.
  • Eligibility for rehire.

Source References

• AR HB 1643
• AR Governor Press Release

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