§ 16-123-102 — Definitions

As used in this subchapter: (1) "Because of gender" means, but is not limited to, on account of pregnancy, childbirth, or related medical conditions; (2) "Because of national origin" includes without limitation on account of a natural, protective, or cultural hairstyle; (3) "Because of race" includes without limitation on account of a natural, protective, or cultural hairstyle; (4) "Compensatory damages" means damages for mental anguish, loss of dignity, and other intangible injuries, but "compensatory damages" does not include punitive damages; (5) "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; (6) "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; (7) "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; (8) "Ethnic animosity" includes without limitation on account of a natural, protective, or cultural hairstyle; (9) "National origin" includes ancestry; (10) "Natural, protective, or cultural hairstyle" includes without limitation afros, dreadlocks, twists, locs, braids, cornrow braids, Bantu knots, curls, and hair styled to protect hair texture or for cultural significance; (11) "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; (12) "Racial animosity" includes without limitation on account of a natural, protective, or cultural hairstyle; and (13) "Religion" means all aspects of religious belief, observance, and practice.

Legislative History

Amended by Act 2023, No. 514,§ 4, eff. 8/1/2023. Amended by Act 2017, No. 191,§ 1, eff. 8/1/2017. Acts 1993, No. 962, § 9; 1995, No. 480, § 1. Act 2023, No. 514 provides this act shall be known and may be cited as the "Creating a Respectful and Open World for Natural Hair (CROWN) Act".