Page:Calaway v. Practice Management Services, Inc.pdf/4

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Cite as 2010 Ark. 432

(Emphasis added.)

"Person" is not defined for the purposes of the ACRA. Black's Law Dictionary defines "person" as "[a] human being," or "[a]n entity (such as a corporation) that is recognized by law as having the rights and duties of a human being." Id. at 1257 (9th ed. 2009). In the absence of a statutory definition for a term used in a statute, we resort to the plain meaning of the term. See, e.g., Arkansas Dep't of Econ. Dev. v. William Jefferson Clinton Presidential Found., 364 Ark. 40, 216 S.W.3d 119 (2005). Therefore, we hold that the anti-retaliation provision of the ACRA prohibits discrimination by a human being or an entity that is recognized by a law as having the rights and duties of a human being. Accordingly, an individual supervisor can be held personally liable for alleged acts of retaliation prohibited under Arkansas Code Annotated section 16-123-108(a).

Certified question answered.

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