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**Who Is Enforcing Civil Rights inArkansas: Is There a Need for a State Civil Rights Agency?**

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**Chapter5**

**Findings and Recommendations**

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The following findings and recommendations made through the U.S.Commission on Civil Rights to state and local officials are submitted inaccordance with the provisions of Section 703.2(e) of the Commission�sregulations calling upon Advisory Committees to �initiate and forward adviceand recommendations to the Commission upon matters which the State Committee hasstudied.�

The Arkansas AdvisoryCommittee believes that these recommendationsbased on the information gathered during this study will strengthen equalopportunity efforts, improve the effectiveness of Arkansas� civilrights laws, and assure citizens of Arkansas that civil rights protections areadequately enforced.

**Finding1**

Arkansasis one of several states that have not established a state statutory humanrights or human relations agency with authority to enforce state human and civilrights laws. The Committee�s review of the Arkansas Civil Rights Act of 1993revealed that the act is not substantially equivalent with federal laws, rules,and regulations in the areas of prohibited age and disability discrimination inemployment; and age, religion, and familial status discrimination in housing;and fails to provide for an administrative enforcement body to receive andprocess complaints in accordance with U.S. Department of Housing and UrbanDevelopment (HUD) procedures, which require remedies and judicial review ofagency actions.

In theabsence of a substantially equivalent state law, complainants must file with theU.S. Equal Employment Opportunity Commission (EEOC) for employmentdiscrimination and HUD for housing discrimination.

TheArkansas Act has not spawned a significant amount of litigation. Someparticipants believe the weakness of the Arkansas Act contributes to its lack ofuse by plaintiffs and their attorneys. Only two cases have been filed under itsjurisdiction, both unsuccessful.

***Recommendation1a***

The Advisory Committeerecommends that the State Legislature of Arkansas amend the Civil Rights Act of1993 to make it substantially equivalent to federal laws and regulations andestablish a human rights agency that is an arm of state government allowing thestate to retain authority to address civil rights disputes and issues withinArkansas. A substantially equivalent law would make Arkansas eligible forfederal funding with agencies such as HUD and EEOC. Other funding may beavailable through cooperative agreements with other federal agencies such as theU.S. Department of Health and Human Services and the U.S. Department ofEducation. A state human rights agency may bring many benefits such as fastercase processing; provide an opportunity for education and training in civilrights; and effective and efficient administration of civil rights laws.

***Recommendation1b***

Generalpowers and duties of such an agency should include, but not be limited to thefollowing:

-  receive,investigate, and pass upon charges of unlawful employment, housing, and publicaccommodations practices anywhere in the state;holdhearings, subpoena witnesses, take sworn testimony, and require the productionof documents related to discrimination;cooperatewith the federal government and local human rights agencies;attemptto eliminate unlawful employment, housing, and public accommodations practicesby means of alternative dispute resolution, and persuasion;developand maintain programs that build positive relations among communities andenhance problem-solving skills through the use of education and training; andrequirethat every employer, employment agency, and labor organization subject to itsjurisdiction make and keep such records relevant to the determination of whetherunlawful employment practices have been or are being committed.
***Recommendation1c***

The Advisory Committeerecommends that appropriate state officials review and consult with other stategovernments that have substantially equivalent civil rights laws.

**Finding2**

Although representatives ofthe business community say there is a sizable group of skilled and aggressivecivil rights attorneys in Arkansas, that remains to be seen. Representatives ofcommunity and civil rights organizations report that complainants are ofteneither unaware of where to file discrimination complaints or do not have theresources needed to identify and obtain legal representation. Complainantsconsistently find it difficult to secure legal counsel due to cost or theunavailability of civil rights attorneys or attorneys willing to litigate suchcases.

Most of the participants atthe fact-finding meeting believe the lack of information on where to turn forlegal assistance has had a detrimental effect on civil rights enforcement inArkansas.

***Recommendation2***

The Advisory Committeerecommends the Arkansas Bar Association and other legal institutions develop alist of attorneys who specialize in or will accept civil rights cases. This listshould be used to refer potential plaintiffs to appropriate legal counsel and bedistributed to relevant community and civil rights organizations as well asmembers of the general public for their use.

TheCentral Regional Office has developed a �Where to Turn Guide for Civil RightsAssistance� (see appendix D), which also may be distributed and used bythe public. Copies are available upon request at (913) 551-1400.

**Finding3**

Public awareness of localand state government civil rights agencies and community-based organizations asto what they do and the means by which these agencies can be contacted is verylimited. According to persons interviewed, most citizens do not know that thereare state civil rights protections and what these protections are. Local andstate officials, as well as the agencies that may be able to assist potentialcomplainants, have not adequately publicized the availability of their servicesand developed effective coordination among themselves or with the variousconstituent groups.

***Recommendation3***

Concerted efforts must bemade statewide and within local communities to establish meaningful coalitionsand partnerships to address civil rights and race relations. A strong liaisonwith a wide range of community organizations such as the local chambers ofcommerce, churches, civic organizations, and civil rights groups must beinitiated.

**Finding4**

Thereappears to be a lack of coordinated leadershipefforts at all levels with respect to civil rights and race relations matters inArkansas. 

***Recommendation4***

The Advisory Committee urgesthe governor to take the lead in establishing constructive dialogue on racerelations and civil rights in Arkansas. Clearly with the surge of Hispanic andAsian populations in Arkansas over the past 10 years, the state will have tobecome proactive on civil and human rights to address the needs and interests ofits diverse citizenry. This dialogue shouldstart with a statement of the governor�s vision for reducing discriminationand building bridges of understanding among different groups.