Arkansas Employment Screening Laws in 2025 With Official Government Sources
Key Summary
Arkansas employers in 2025 must comply with these screening laws in addition to Federal FCRA laws:
- No statewide Ban the Box law (HB 1002)
- Credit checks permitted (FCRA § 1681b)
- Drug testing allowed (A.C.A. § 11-3-203)
- Social media privacy protections (Act 148 of 2013)
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1. Criminal Background Checks
Arkansas has no statewide Ban the Box law, but local restrictions exist:
- Little Rock’s Ordinance No. 22,481 applies to city jobs
- EEOC Enforcement Guidance on criminal records applies
2025 Update:
HB 1452 requires employers to provide written notice when denying employment based solely on criminal history.
2. Credit History Checks
Arkansas follows federal FCRA rules:
- Written authorization required (16 CFR Part 601)
- Adverse action procedures mandated
3. Drug Testing Laws
Governed by A.C.A. § 11-3-203:
- Written policy requirement
- Medical marijuana not protected (Amendment 98)
4. Social Media Privacy
Act 148 of 2013 prohibits:
- Requiring access to personal accounts
- Password disclosure demands
5. Salary History Inquiries
No state restrictions, but federal EEOC pay equity rules apply.
2025 Update:
Fayetteville’s Ordinance No. 6587 requires pay range disclosure for city contractors.
6. AI in Hiring
Follow federal EEOC AI Guidance:
- Disclose AI tool usage
- Conduct bias audits
Compliance Checklist
- Review Little Rock Ban the Box requirements
- Update FCRA disclosure forms
- Post drug testing policy
- Train HR on social media privacy
Conclusion
Key compliance resources for Arkansas employers:
- Arkansas Department of Labor – Main regulatory agency
- Attorney General’s Office – Consumer protection laws
- Arkansas Legislature – Full text of laws
For the most current information, always check the Arkansas Labor Standards page.
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult with qualified legal counsel regarding specific compliance questions.
