§ 16-123-106 — Hate offenses

(a) A person may bring a civil action for injunctive relief or damages, or both, if he or she is subject to an act motivated by racial, religious, or ethnic animosity and the act was an act of: (1) Intimidation or harassment; (2) Violence directed against his or her person; or (3) Vandalism directed against his or her real or personal property. (b) Any aggrieved party who initiates and prevails in a civil action authorized by this section is entitled to damages, including punitive damages, and in the discretion of the court to an award of the cost of the civil action, and a reasonable attorney's fee in an amount to be fixed by the court. (c) This section does not apply to: (1) Speech or conduct protected by the United States Constitution, Amendment I, or Arkansas Constitution, Article 2, § 6; or (2) A civil action: (A) Between an employee and his or her employer or between or among employees of the same employer; (B) For damages arising out of an incident occurring in the workplace; or (C) Arising out of the employee-employer relationship.

Legislative History

Amended by Act 2017, No. 191,§ 2, eff. 8/1/2017. Acts 1993, No. 962, § 3.