Stricken language would be deleted from and underlined language would be added to present law. Act 369 of the Regular Session *CEB135* 03/03/2025 1:07:30 PM CEB135 State of Arkansas 1 95th General Assembly A Bill 2 Regular Session, 2025 HOUSE BILL 1643 3 4 By: Representative Dalby 5 By: Senator Irvin 6 7 For An Act To Be Entitled 8 AN ACT TO AMEND THE LAW CONCERNING HIRING PRACTICES; 9 TO ALLOW A CURRENT OR FORMER EMPLOYER TO DISCLOSE 10 SUBSTANTIATED ALLEGATIONS OF SEXUAL ABUSE OR 11 HARASSMENT BY THE CURRENT OR FORMER EMPLOYEE TO A 12 PROSPECTIVE EMPLOYER UPON WRITTEN CONSENT; AND FOR 13 OTHER PURPOSES. 14 15 16 Subtitle 17 TO ALLOW A CURRENT OR FORMER EMPLOYER TO 18 DISCLOSE SUBSTANTIATED ALLEGATIONS OF 19 SEXUAL ABUSE OR HARASSMENT BY THE 20 CURRENT FOR FORMER EMPLOYEE TO A 21 PROSPECTIVE EMPLOYER UPON WRITTEN 22 CONSENT. 23 24 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 25 26 SECTION 1. Arkansas Code ยง 11-3-204(a)(1), concerning the information 27 that may be disclosed by a current or former employer to a prospective 28 employer, is amended to read as follows: 29 (a)(1) A current or former employer may disclose the following 30 information about a current or former employee's employment history to a 31 prospective employer of the current or former employee upon receipt of 32 written consent from the current or former employee: 33 (A) Date and duration of employment; 34 (B) Current pay rate and wage history; 35 (C) Job description and duties; 36 HB1643 2 03/03/2025 1:07:30 PM CEB135 (D) The last written performance evaluation prepared prior 1 to the date of the request; 2 (E) Attendance information; 3 (F) Results of drug or alcohol tests administered within 4 one (1) year prior to the request; 5 (G) Threats of violence, harassing acts, or threatening 6 behavior related to the workplace or directed at another employee; 7 (H) A substantiated allegation of sexual abuse or sexual 8 harassment by the employee, or the resignation by a former employee during a 9 pending investigation of an allegation of sexual abuse or sexual harassment 10 against the former employee; 11 (I) Whether the employee was voluntarily or involuntarily 12 separated from employment and the reasons for the separation; and 13 (I)(J) Whether the employee is eligible for rehire. 14 15 16 APPROVED: 3/20/25 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36