A three-judge panel of the Arkansas Court of Appeals has ruled a provision of the Arkansas Whistleblower Protection Act unconstitutional, striking down a key part of the law meant to protect public employees from retaliation for reporting government wrongdoing. The court issued its decision Wednesday.
The provision, part of the 1999 law, allowed employees who believe they were wrongfully terminated to seek temporary reinstatement during the legal process if they could demonstrate that a “reasonable person would conclude” their dismissal was retaliatory. The court ruled the Legislature exceeded its authority by creating such a process, stating in the decision that the provision unlawfully dictates court procedures.
“The Legislature overstepped its bounds by dictating pleading, practice and procedure,” wrote Judge Casey Tucker in the court’s opinion.
This ruling reverses a prior decision by a Pulaski County Circuit Court judge, who had ordered the temporary reinstatement of Robert Robinson, a former human resources director for the Little Rock School District. Robinson was one of three HR directors whose positions were consolidated into two during budget cuts in 2024. While all three directors applied for the two new roles, Robinson was not selected.
Robinson alleged that his termination was retaliatory, claiming it stemmed from his advocacy on behalf of terminated teachers, as well as his recommendation to increase a high school principal’s pay to ensure equity. The Pulaski County judge had granted Robinson a preliminary injunction, ordering the district to reinstate him to an administrative leave position while his case proceeded.
Chris Heller, an attorney representing the district, called the appeals court decision “a well-reasoned and correct opinion.” Robinson’s attorneys contended in court filings that the challenged whistleblower provision did not violate the Constitution, arguing it merely established an evidentiary standard and did not interfere with judicial procedure. However, they did not respond to requests for comment following the ruling.
The 1999 Arkansas Whistleblower Protection Act was designed to shield public employees from retaliatory actions when they disclose government misconduct or misuse of funds. This latest court decision may prompt legislators to reconsider aspects of the law in future legislative sessions.