Arkansas Return to Office Mandate 2026

What is Arkansas’s return to office mandate?

Arkansas does not have a state-level return to office mandate for private sector employers. As of January 2, 2026, the Arkansas Legislature has not enacted specific statutes or executive orders governing return to office requirements for private employers.

Private sector employers in Arkansas operate under the state’s at-will employment framework, which generally allows employers to set workplace policies including location requirements, subject to:

• Anti-discrimination laws (Arkansas Civil Rights Act and federal laws)
• Disability accommodation requirements under the ADA
• Contract obligations
• Collective bargaining agreements where applicable

State government employees have been subject to periodic return-to-work directives issued by the Governor’s office, particularly following weather emergencies and during the transition from COVID-19 pandemic-era telework policies. However, these directives apply only to state employees, not private sector workers.

Source: Arkansas Legislature, Arkansas Governor’s Executive Orders
Available at: https://www.arkleg.state.ar.us/, https://governor.arkansas.gov/

Does Arkansas’s RTO mandate apply to private employers?

No. Arkansas does not have a return to office mandate that applies to private employers.

Private employers in Arkansas have the discretion to establish their own workplace location policies under the state’s at-will employment doctrine. Employers may require employees to return to the office, continue remote work, or implement hybrid arrangements as they determine appropriate for their business operations.

However, employers must comply with:

Anti-discrimination laws: Cannot make return to office decisions based on protected characteristics (race, religion, sex, national origin, age, disability)

Disability accommodation requirements: Must provide reasonable accommodations to qualified individuals with disabilities under the ADA and Arkansas Civil Rights Act, which may include continued remote work if it is a reasonable accommodation

Contract obligations: Must honor any employment contracts or collective bargaining agreements that specify work location arrangements

Anti-retaliation protections: Cannot retaliate against employees for exercising legal rights or reporting discrimination

Source: Arkansas Department of Labor and Licensing, EEOC guidance

Can my employer force me back to the office in Arkansas?

Generally yes, under Arkansas’s at-will employment doctrine, but with important exceptions.

Arkansas is an at-will employment state, which means employers can generally set workplace policies including requiring employees to work on-site. According to the Arkansas Department of Labor and Licensing:

“Arkansas recognizes the doctrine of ’employment at will’. This means that, as a general rule, either the employer or the employee may end the employment relationship at any time for any reason or for no reason at all.”

However, employers must comply with the following legal requirements:

1. Anti-discrimination laws: Employers cannot require return to office in a discriminatory manner based on protected characteristics (race, religion, sex, national origin, age, disability)

2. Reasonable accommodations: Employers must provide reasonable accommodations to qualified individuals with disabilities. This may include allowing continued remote work if:

• You have a disability as defined by the ADA
• Remote work is a reasonable accommodation for your disability
• Remote work does not create an undue hardship for the employer

3. Employment contracts: If you have an employment contract specifying remote work or work location flexibility, your employer must honor the contract terms

4. Collective bargaining agreements: Union members covered by collective bargaining agreements must have any workplace location changes negotiated according to the agreement

5. Anti-retaliation protections: Employers cannot require return to office as retaliation for opposing discrimination or participating in a protected legal proceeding

If you believe your employer’s return to office requirement violates your rights, consult with a licensed Arkansas employment attorney or contact the EEOC at 1-800-669-4000.

Source: Arkansas Department of Labor and Licensing, EEOC

What are my accommodation rights under Arkansas law?

Arkansas employees have disability accommodation rights under both state and federal law.

Federal law – Americans with Disabilities Act (ADA):

The ADA applies to Arkansas employers with 15 or more employees. Under the ADA, employers must provide reasonable accommodations to qualified individuals with disabilities unless doing so would cause undue hardship.

Reasonable accommodations may include:

• Modified work schedules
• Workplace modifications
• Assistive technology or equipment
• Job restructuring
• Telework or remote work arrangements
• Reassignment to a vacant position

Arkansas law – Arkansas Civil Rights Act:

The Arkansas Civil Rights Act prohibits discrimination based on “the presence of any sensory, mental, or physical disability” and applies to employers with 9 or more employees (a lower threshold than federal ADA).

Important: Arkansas does not have a state enforcement agency for discrimination claims. Employees must either:

• File a complaint with the federal EEOC, or
• File a private lawsuit in Arkansas circuit court under the Arkansas Civil Rights Act

How to request an accommodation:

1. Notify your employer that you need an accommodation for a medical condition (no specific language required)
2. Participate in the interactive process to identify appropriate accommodations
3. Provide medical documentation if requested by your employer
4. Work with your employer to implement the accommodation

If your request is denied or you face retaliation, contact the EEOC at 1-800-669-4000 or consult an employment attorney.

Source: EEOC, Arkansas Civil Rights Act (Ark. Code § 16-123-107)

How do I file a discrimination complaint in Arkansas?

Arkansas does not have a state civil rights enforcement agency, so discrimination complaints must be filed with the federal Equal Employment Opportunity Commission (EEOC).

Filing deadline:
180 calendar days from the discriminatory act (extends to 300 days if state law prohibits the same discrimination)

How to file:

1. Online (recommended):
Visit https://publicportal.eeoc.gov/ to schedule an intake appointment

2. By phone:
Call 1-800-669-4000
TTY: 1-800-669-6820
ASL Video Phone: 1-844-234-5122

3. In person:
EEOC Little Rock Area Office
820 Louisiana Street, Suite 200
Little Rock, AR 72201
Office hours: Monday-Friday, 8:00 AM – 4:30 PM (CST)

4. By mail:
Send a signed letter with your contact information, employer information, description of discrimination, dates, and why you believe you were discriminated against

What to expect:

After you file, the EEOC will:

1. Notify your employer within 10 days
2. Investigate your allegations
3. Determine if there is reasonable cause
4. Attempt conciliation if cause is found
5. Either file a lawsuit on your behalf or issue you a “Notice of Right to Sue”

The process typically takes 6-10 months.

Alternative: Private lawsuit under Arkansas Civil Rights Act

You may also file a lawsuit directly in Arkansas circuit court under the Arkansas Civil Rights Act without first going through the EEOC. Filing deadline is one year from the discriminatory conduct or 90 days after receiving an EEOC right-to-sue notice.

Source: EEOC, Arkansas Code § 16-123-108

Can I request remote work as a reasonable accommodation?

Yes, you may request remote work as a reasonable accommodation under the ADA if you have a disability and remote work would enable you to perform the essential functions of your job.

According to EEOC guidance, telework or remote work may be a form of reasonable accommodation for individuals with disabilities.

Requirements:

1. You must have a disability: As defined by the ADA – a physical or mental impairment that substantially limits one or more major life activities
2. You must be qualified: Able to perform the essential functions of your job with or without reasonable accommodation
3. Remote work must be reasonable: It must enable you to perform your essential job functions and not impose an undue hardship on your employer

Factors employers may consider:

• Whether they can adequately supervise your work remotely
• Whether job duties require equipment or tools not available at home
• Whether in-person interaction is essential to the job
• Whether your presence on-site is necessary for business operations

Important consideration: If your employer allowed remote work during the COVID-19 pandemic, this may be evidence that the job can be performed remotely, which could support your accommodation request.

How to request:

1. Tell your employer you need to work remotely due to a medical condition
2. Participate in the interactive process
3. Provide medical documentation if requested
4. Discuss alternative accommodations if remote work is denied

If your request is denied and you believe the denial was improper, contact the EEOC at 1-800-669-4000 or consult an employment attorney.

Source: EEOC Enforcement Guidance on Reasonable Accommodation

What is the Arkansas Civil Rights Act?

The Arkansas Civil Rights Act (ACRA) of 1993 is Arkansas’s state law prohibiting discrimination in employment, housing, public accommodations, and other areas.

Reference: Arkansas Code Annotated § 16-123-101 et seq.
Enacted: 1993 (Act 962 of 1993)

Employment discrimination protections:

The ACRA prohibits employment discrimination based on:

• Race
• Religion
• National origin
• Gender (including pregnancy)
• Disability (sensory, mental, or physical disability)

Employer coverage: Employers with 9 or more employees (lower threshold than federal laws, which generally require 15 employees)

Key differences from federal law:

1. Lower employer threshold: ACRA covers employers with 9+ employees; federal laws typically require 15+ (Title VII, ADA) or 20+ (ADEA)
2. No state enforcement agency: Unlike many states, Arkansas does not have a state civil rights agency. Individuals must hire a private attorney or file with the federal EEOC
3. Shorter filing deadline: One year from the discriminatory act (compared to 180/300 days for EEOC)
4. Damage caps: Compensatory and punitive damages are capped based on employer size, ranging from $15,000 to $300,000

Retaliation protection: ACRA prohibits employers from retaliating against employees who oppose discrimination or participate in proceedings

How to file a claim: File a lawsuit directly in Arkansas circuit court or file with the EEOC

Source: Arkansas Code § 16-123-101 et seq.
Available at: https://www.arkleg.state.ar.us/ (Arkansas Legislature – search for Arkansas Code Title 16, Chapter 123)

Where do I file an EEOC complaint in Arkansas?

File EEOC complaints at the Little Rock Area Office, which handles all discrimination charges in Arkansas.

EEOC Little Rock Area Office

Address:
820 Louisiana Street, Suite 200
Little Rock, AR 72201

Phone: 1-800-669-4000 (toll-free)
Local: (901) 262-0299
TTY: 1-800-669-6820
ASL Video Phone: 1-844-234-5122

Office hours: Monday through Friday, 8:00 AM to 4:30 PM (CST)

How to file:

1. Online (recommended):
Visit https://publicportal.eeoc.gov/ to schedule an appointment

2. By phone:
Call 1-800-669-4000 to discuss your situation

3. In person:
Walk-ins accepted, but appointments are prioritized

4. By mail:
Send a signed letter with required information to the address above

What to bring:

• Government-issued photo ID
• Any written documentation of the discrimination (emails, letters, termination notices, etc.)
• Names and contact information of witnesses
• Timeline of events
• Any company policies or handbooks relevant to your complaint

Filing deadline: 180 days from the discriminatory act (300 days if state law also prohibits the discrimination)

Note: The Little Rock Area Office is part of the Memphis District Office, which oversees EEOC operations for Arkansas, Tennessee, and parts of Mississippi.

Source: EEOC Little Rock Area Office
Available at: https://www.eeoc.gov/field-office/littlerock/location

What is at-will employment in Arkansas?

At-will employment means that either the employer or employee may terminate the employment relationship at any time for any reason or no reason at all, subject to legal exceptions.

According to the Arkansas Department of Labor and Licensing:

“Arkansas recognizes the doctrine of ’employment at will’. This means that, as a general rule, either the employer or the employee may end the employment relationship at any time for any reason or for no reason at all.”

Legal exceptions to at-will employment in Arkansas:

1. Anti-discrimination laws: Employers cannot fire employees based on protected characteristics:

• Race, color, religion, sex, national origin (Title VII, ACRA)
• Age 40+ (ADEA, ACRA)
• Disability (ADA, ACRA)
• Genetic information (GINA)

2. Public policy exceptions: Arkansas courts recognize termination may be wrongful if it violates public policy, including:

• Refusing to violate a criminal statute
• Exercising a statutory right (such as filing a workers’ compensation claim)
• Complying with a statutory duty (such as jury duty)
• Reporting suspected violations of law (whistleblower protection)

3. Employment contracts: Written, oral, or implied contracts that limit at-will employment must be honored

4. Employment handbooks: Arkansas courts have found that detailed employment manuals can create enforceable employment contracts if they:

• Contain a definitive list of grounds and conditions for dismissal, or
• Contain express provisions against termination except for cause

5. Collective bargaining agreements: Union contracts typically require “just cause” for termination

6. Anti-retaliation protections: Employees cannot be fired for opposing discrimination, participating in investigations, or exercising protected legal rights

Important: Even though Arkansas is an at-will state, employers must still comply with all applicable employment laws. At-will status does not give employers unlimited power to terminate employees.

Source: Arkansas Department of Labor and Licensing
Available at: https://labor.arkansas.gov/resources/faqs/

What is the difference between state employee and private sector RTO requirements in Arkansas?

Arkansas has different frameworks for state government employees versus private sector workers regarding return to office requirements.

State Employees:

State government employees work for executive branch agencies and are subject to directives from the Governor’s office and their respective agency heads. Recent examples include:

• January 2025: Governor Sanders closed state offices for severe winter weather
• COVID-19 recovery period: State employees received periodic return-to-work directives from agency leadership

State employees may have additional protections through:

• Civil service rules
• Grievance procedures
• Union contracts (where applicable)
• State personnel policies

Contact for state employee questions:
Arkansas Department of Transformation and Shared Services
(Contact information available through https://portal.arkansas.gov/)

Private Sector Employees:

Private sector workers are subject to employer policies operating under Arkansas’s at-will employment framework. Key points:

Employer discretion: Private employers can generally set workplace location policies, including requiring return to office, implementing hybrid models, or continuing remote work

Legal protections: Must comply with:

• Anti-discrimination laws (ACRA, Title VII, ADA, ADEA)
• Reasonable accommodation requirements
• Contract obligations
• Anti-retaliation protections

No state mandate: Arkansas has not enacted laws governing return to office for private employers

Common requirements for both:

Both state and private sector employees in Arkansas are protected by:

• Federal anti-discrimination laws (Title VII, ADA, ADEA)
• Arkansas Civil Rights Act
• Workers’ compensation laws
• Wage and hour laws

Source: Arkansas Department of Labor and Licensing, EEOC

Are there pending RTO bills in the Arkansas Legislature?

As of January 2, 2026, there are no pending bills in the Arkansas Legislature specifically addressing return to office mandates or remote work requirements for private sector employers.

Search conducted:
Arkansas Legislature website
Date: January 2, 2026
Search terms: “return to office”, “remote work”, “telework”, “workplace flexibility”

Result: No relevant pending legislation identified

How to monitor for future legislation:

Arkansas Legislature Bill Search:
Website: https://www.arkleg.state.ar.us/
Search for: Employment-related bills, remote work, telework

Current session: The Arkansas General Assembly convenes in regular session in odd-numbered years. The 2025 regular session has concluded.

Next regular session: Expected in 2027

Special sessions: The Governor may call special sessions to address specific issues

How to track bills:

1. Visit https://www.arkleg.state.ar.us/
2. Click on “Bill Search”
3. Search by keyword: “employment”, “telework”, “remote work”
4. Filter by current session

Sign up for alerts: The Arkansas Legislature website offers email notifications for bill tracking

Source: Arkansas Legislature
Available at: https://www.arkleg.state.ar.us/