§ 8-7-1015 - Cause of action -- Attorney's fees.
8-7-1015. Cause of action -- Attorney's fees.
(a) Any citizen denied the rights granted to him by this subchapter may commence a civil action against a public employer or responsible official of a public employer in the Pulaski County Circuit Court or the circuit court of the residence of the aggrieved party, if an agency of the state is involved, or any of the circuit courts of the appropriate judicial districts when any other public employer is involved. Issuance of a cease and desist order by the Director of the Department of Labor shall not be a prerequisite to the commencement of such an action.
(b) Upon written application of the person denied the rights provided for in this subchapter or any interested party, the court having jurisdiction shall fix a day the petition is to be heard within seven (7) days of the date of the application of the petitioner and shall hear and determine the case.
(c) The circuit courts shall have jurisdiction to restrain violations of this subchapter and to order all appropriate relief, including, but not limited to, the disclosure of chemical information, the rehiring or reinstatement of employees discriminated against because of their exercise of their rights under this subchapter, and the payment of any compensation such employees actually lost as a result of such violations.
(d) Those who refuse to comply with the orders of the court shall be found guilty of contempt of court.
(e) In any action to enforce the rights granted by this subchapter or in any appeal therefrom, the court shall assess against the defendant reasonable attorney's fees and other litigation expenses reasonably incurred by a plaintiff who has substantially prevailed, unless the court finds that the position of the defendant was substantially justified or that other circumstances make an award of those expenses unjust. However, no expenses shall be assessed against the State of Arkansas or any of its agencies or departments. If the defendant has substantially prevailed in the action, the court may assess expenses against the plaintiff only upon a finding that the action was initiated primarily for frivolous or dilatory purposes.