AR HB2152

Employers who willfully discriminate against workers regarding hiring, tenure, or conditions of employment based on filing workers' compensation claims are subject to fines up to $10,000 as determined by the Workers' Compensation Commission.

Fines must be paid by the employer directly to the claimant and not by the insurance carrier.

Prevailing party claimants are entitled to recover reasonable attorney's fees and costs from the employer-paid fine; if the employee is the non-prevailing party, attorney's fees and costs may be paid by the employee or deducted from future workers' compensation benefits at the employer's election.

Employers engaging in discriminatory retaliation may also be charged with a Class D felony.

The bill does not create an exception to the employment-at-will doctrine and is intended to preserve the exclusive remedy doctrine while annulling three specific prior Arkansas court decisions.