State Law > Arizona > Arizona Employment Discrimination

Arizona Employment Discrimination

 

The following sections of the Arizona Revised Statutes concern employment discrimination.

Arizona Civil Rights Act


Arizona Civil Rights Act
  • 41-1461. Definitions.
  • 41-1462. Exemption; nonresident aliens, religious institutions.
  • 41-1463. Discrimination; unlawful practices; definition.
  • 41-1465. Age discrimination; affected individuals.

Blacklisting
  • 23-1361. Blacklists: Definition, Exemptions, Rights.

Retaliation
  • 23-1501. Employment; Noncontractual employment severable at will; Retaliatory Discharge Prohibited; Remedies.

Equal Pay
  • 23-341. Wage rates for females; equal rates; variations; penalties; enforcement.

Tobacco Use
  • 36-601-02. Discrimination for use or nonuse of tobacco prohibited.

Harassment
  • 12-1810. Workplace harassment prohibited; Injunctions; Terms defined.

Executive Order Prohibiting Sexual Orientation Discrimination or Harassment
  • Executive Order 2003-22 Confirming Equal Employment Opportunities


Discrimination Against Military Service Personnel
  • 26-167 National guard member; Employment discrimination prohibited.

41-1461. Definitions
In this article, unless the context otherwise requires:

1. "Employee" means an individual employed by an employer, except that employee does not include an elected public official of the state or any political subdivision of the state, any person chosen by such officer to be on such officer's personal staff, an appointee on the policymaking level or an immediate adviser with respect to the exercise of the constitutional or legal powers of the office, unless such person or appointee is subject to the civil service laws of the state or any political subdivision of the state.

2. "Employer" means a person who has fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, and any agent of such person, except that to the extent that any person is alleged to have committed any acts of sexual harassment, employer means, for purposes of administrative and civil actions regarding such allegations of sexual harassment, a person who has one or more employees in the current or preceding calendar year, but such term does not include either:

(a) The United States or any department or agency thereof, a corporation wholly owned by the government of the United States, or an Indian tribe.

(b) A bona fide private membership club (other than a labor organization) which is exempt from taxation under section 501(c) of the internal revenue code of 1954.

3. "Employment agency" means any person regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer and includes an agent of such a person.

4. "Handicap" means, with respect to an individual, except any impairment caused by current or recent use of alcohol or drugs, any of the following:

(a) A physical impairment that substantially limits one or more of the major life activities of the individual.

(b) A record of a physical impairment that substantially limits one or more of the major life activities of the individual.

(c) Being regarded as having a physical impairment that substantially limits one or more of the major life activities of the individual.

5. "Labor organization" means a labor organization and any agent of such an organization and includes any organization of any kind, any agency or employee representation committee, group, association or plan so engaged in which fifteen or more employees participate and which exists for the purpose in whole or in part of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours or other terms or conditions of employment, and any conference, general committee, joint or system board or joint council so engaged which is subordinate to a national or international labor organization.

6. "Person" means one or more individuals, governmental agencies, political subdivisions, labor unions, partnerships, associations, corporations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy or receivers.

7. "Qualified handicapped individual" means a person with a handicap who with reasonable accommodation is capable of performing the essential functions of the particular job in question within the normal operation of the employer's business in terms of physical requirements, education, skill and experience.

8. "Reasonable accommodation" means an accommodation which does not:

(a) Unduly disrupt or interfere with the employer's normal operations.

(b) Threaten the health or safety of the handicapped individual or others.

(c) Contradict a business necessity of the employer.

(d) Impose undue hardship on the employer, based on the size of the employer's business, the type of business, the financial resources of the employer and the estimated cost and extent of the accommodation.

9. "Religion" means all aspects of religious observance and practice, as well as belief. Unlawful practices as prohibited by this article shall include practices with respect to religion unless an employer demonstrates that he is unable to reasonably accommodate to an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's business.

41-1462. Exemption; nonresident aliens, religious institutions

This article does not apply to an employer with respect to the employment of aliens outside any state or to a religious corporation, association, educational institution or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution or society of its activities.

41-1463. Discrimination; unlawful practices; definition

A. Nothing contained in this article shall be interpreted to require that the less qualified be preferred over the better qualified simply because of race, color, religion, sex, age, handicap or national origin.

B. It is an unlawful employment practice for an employer:

1. To fail or refuse to hire or to discharge any individual or otherwise to discriminate against any individual with respect to his compensation, terms, conditions or privileges of employment because of such individual's race, color, religion, sex, age, handicap or national origin.

2. To limit, segregate or classify employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect the individual's status as an employee, because of such individual's race, color, religion, sex, age, handicap or national origin.

3. To fail or refuse to reasonably accommodate an individual's handicap.

4. To fail or refuse to hire, to discharge, or to otherwise discriminate against any individual based on the results of a genetic test received by the employer, notwithstanding subsection H, paragraph 2 of this section.

C. It is an unlawful employment practice for an employment agency to fail or refuse to refer for employment or otherwise to discriminate against any individual because of such individual's race, color, religion, sex, age, handicap or national origin or to classify or refer for employment any individual on the basis of his race, color, religion, sex, age or national origin.

D. It is an unlawful employment practice for a labor organization:

1. To exclude or to expel from its membership or otherwise to discriminate against any individual because of such individual's race, color, religion, sex, age, handicap or national origin.

2. To limit, segregate or classify its membership or applicants for membership or to classify or fail or refuse to refer for employment any individual in any way which would deprive or tend to deprive such individual of employment opportunities or would limit such employment opportunities or otherwise adversely affect the individual's status as an employee or as an applicant for employment because of such individual's race, color, religion, sex, age, handicap or national origin.

3. To cause or attempt to cause an employer to discriminate against an individual in violation of this section.

4. To fail or refuse to reasonably accommodate an individual's handicap.

E. It is an unlawful employment practice for any employer, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining programs, including on-the-job training programs, to discriminate against any individual because of such individual's race, color, religion, sex, handicap or national origin in admission to or employment in any program established to provide apprenticeship or other training and if the individual is handicapped, to fail or refuse to reasonably accommodate the individual's handicap.

F. Notwithstanding any other provision of this article, it is not an unlawful employment practice:

1. For an employer to hire and employ employees, for an employment agency to classify or refer for employment any individual, for a labor organization to classify its membership or classify or refer for employment any individual, or for an employer, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining programs to admit or employ any individual in any such program, on the basis of the individual's religion, sex or national origin in those certain instances when religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise.

2. For any school, college, university or other educational institution or institution of learning to hire and employ employees of a particular religion if such school, college, university or other educational institution or institution of learning is in whole or in substantial part owned, supported, controlled or managed by a particular religion or religious corporation, association or society, or if the curriculum of such school, college, university or other educational institution or institution of learning is directed toward the propagation of a particular religion.

3. For an employer to fail or refuse to hire or employ any individual for any position, for an employment agency to fail or refuse to refer any individual for employment in any position or for a labor organization to fail or refuse to refer any individual for employment in any position, if both of the following apply:

(a) The occupancy of such position or access to the premises in or upon which any part of the duties of such position are performed or are to be performed is subject to any requirement imposed in the interest of the national security of the United States under any security program in effect pursuant to or administered under any statute of the United States or any executive order of the President of the United States.

(b) Such individual has not fulfilled or has ceased to fulfill that requirement.

4. With respect to age, for an employer, employment agency or labor organization:

(a) To take any action otherwise prohibited under subsection B, C or D of this section if age is a bona fide occupational qualification reasonably necessary to the normal operation of the particular business or if the differentiation is based on reasonable factors other than age.

(b) To observe the terms of a bona fide seniority system or any bona fide employee benefit plan such as a retirement, pension, deferred compensation or insurance plan, which is not a subterfuge to evade the purposes of the age discrimination provisions of this article, except that no employee benefit plan may excuse the failure to hire any individual and no seniority system or employee benefit plan may require or permit the involuntary retirement of any individual specified by section 41-1465 because of the individual's age.

(c) To discharge or otherwise discipline an individual for good cause.

5. For an employer, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining programs, including on-the-job training programs, to take any action otherwise prohibited by subsection E of this section with respect to a handicapped individual's handicap if the individual is not capable of participating in or completing the apprenticeship or other program or if the individual's participation in the apprenticeship or other program threatens the health or safety of other individuals or imposes undue hardship on the program in terms of costs or operating necessity.

G. As used in this article, "unlawful employment practice" does not include any action or measure taken by an employer, labor organization, joint labor-management committee or employment agency with respect to an individual who is a member of the communist party of the United States or of any other organization required to register as a communist-action or communist-front organization by final order of the subversive activities control board pursuant to the subversive activities control act of 1950.

H. Notwithstanding any other provision of this article, it is not an unlawful employment practice:

1. For an employer to apply different standards of compensation or different terms, conditions or privileges of employment pursuant to a bona fide seniority or merit system or a system which measures earnings by quantity or quality of production or to employees who work in different locations, provided that such differences are not the result of an intention to discriminate because of race, color, religion, sex, handicap or national origin.

2. For an employer to give and act upon the results of any professionally developed ability test provided that such test, its administration or action upon the results is not designed, intended or used to discriminate because of race, color, religion, sex, handicap or national origin.

3. For any employer to differentiate upon the basis of sex or handicap in determining the amount of the wages or compensation paid or to be paid to employees of such employer if such differentiation is authorized by the provisions of section 6(d) or section 14 of the fair labor standards act of 1938, as amended (29 United States Code section 206(d)).

I. Nothing contained in this chapter applies to any business or enterprise on or near an Indian reservation with respect to any publicly announced employment practice of such business or enterprise under which a preferential treatment is given to any individual because he is an Indian living on or near a reservation.

J. Nothing contained in this article or article 6 of this chapter requires any employer, employment agency, labor organization or joint labor-management committee subject to this article to grant preferential treatment to any individual or group because of the race, color, religion, sex or national origin of such individual or group on account of an imbalance which may exist with respect to the total number or percentage of persons of any race, color, religion, sex or national origin employed by any employer, referred or classified for employment by any employment agency or labor organization, admitted to membership or classified by any labor organization or admitted to or employed in any apprenticeship or other training program, in comparison with the total number or percentage of persons of such race, color, religion, sex or national origin in any community, state, section or other area, or in the available work force in any community, state, section or other area.

K. Nothing in the age discrimination prohibitions of this article may be construed to prohibit compulsory retirement of any employee who has attained sixty-five years of age and who, for the two year period immediately before retirement, is employed in a bona fide executive or high policymaking position, if the employee is entitled to an immediate nonforfeitable annual retirement benefit from a pension, profit sharing, savings or deferred compensation plan or any combination of plans of the employer for the employee, which equals, in the aggregate, at least forty-four thousand dollars. In applying the retirement benefit test of this subsection, if any retirement benefit is in a form other than a straight life annuity, with no ancillary benefits, or if employees contribute to the plan or make rollover contributions, the benefit shall be adjusted in accordance with rules adopted by the division so the benefit is the equivalent of a straight life annuity, with no ancillary benefits, under a plan to which employees do not contribute and under which no rollover contributions are made.

L. For the purposes of this section and section 41-1481, with respect to employers or employment practices involving a handicap, "individual" means a qualified handicapped individual.

41-1464. Other unlawful employment practices; opposition to unlawful practices; filing of charges; participation in proceedings; notices and advertisements for employment

A. It is an unlawful employment practice for an employer to discriminate against any of his employees or applicants for employment, for an employment agency or joint labor-management committee controlling apprenticeship or other training or retraining programs, including on-the-job training programs, to discriminate against any individual or for a labor organization to discriminate against any member or applicant for membership because the member or applicant has opposed any practice which is an unlawful employment practice under this article or has made a charge, testified, assisted or participated in any manner in an investigation, proceeding or hearing under article 6 of this chapter.

B. It is unlawful employment practice for an employer, labor organization, employment agency or joint labor-management committee controlling apprenticeship or other training or retraining programs, including on-the-job training programs, to print or publish or cause to be printed or published any notice or advertisement relating to employment by such an employer or membership in or any classification or referral for employment by such a labor organization or relating to any classification or referral for employment by such an employment agency or relating to admission or to employment in any program established to provide apprenticeship or other training by such a joint labor-management committee indicating any preference, limitation, specification or discrimination based on race, color, religion, sex or national origin, except that such a notice or advertisement may indicate a preference, limitation, specification or discrimination based on religion, sex or national origin when religion, sex or national origin is a bona fide occupational qualification for employment.

C. It is unlawful for an employer, labor organization or employment agency to print or publish or cause to be printed or published any notice or advertisement relating to employment by an employer or membership in or any classification or referral for employment by a labor organization or relating to any classification or referral for employment by a labor organization or relating to any classification or referral for employment by an employment agency, indicating any preference, limitation, specification or discrimination based on age, except such a notice or advertisement may indicate a preference, limitation, specification or discrimination based on age when age is a bona fide occupational qualification for employment.

41-1465. Age discrimination; affected individuals

The age discrimination prohibitions in this article are limited to individuals who are at least forty years of age.

41-1481. Filing charges; investigation; findings; conciliation; compliance proceedings; appeals; attorney fees; violation; classification

A. A charge under this section shall be filed within one hundred eighty days after the alleged unlawful employment practice occurred. A charge is deemed filed upon receipt by the division from or on behalf of a person claiming to be aggrieved or, if filed by a member of the division, when executed by such member upon oath or affirmation. A charge is deemed filed by or on behalf of a person claiming to be aggrieved if received from the United States equal employment opportunity commission. A charge shall be in writing upon oath or affirmation and shall contain such information, including the date, place and circumstances of the alleged unlawful employment practice, and be in such form as the division requires. Charges shall not be made public by the division.

B. Whenever a charge is filed by or on behalf of a person claiming to be aggrieved or by a member of the division, referred to as the charging party, alleging that an employer, employment agency, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining programs, including on-the-job training programs, has engaged in an unlawful employment practice, the division shall serve notice of and a copy of the charge on such employer, employment agency, labor organization or joint labor-management committee, referred to as the respondent, within ten days and shall make an investigation of the charge. If the division determines after such investigation that there is not reasonable cause to believe that the charge is true, it shall enter an order determining the same and dismissing the charge and shall notify the charging party and the respondent of its action. If the division determines after such investigation that there is reasonable cause to believe that the charge is true, it shall enter an order containing its findings of fact and shall endeavor to eliminate the alleged unlawful employment practice by informal methods of conference, conciliation and persuasion. Any party to such informal proceeding may be represented by counsel. Counsel need not be a member of the state bar if he is licensed to practice law in any other state or territory of the United States. Nothing said or done during and as a part of such informal endeavors may be made public by the division or its officers or employees or used as evidence in a subsequent proceeding without the written consent of the persons concerned. If a civil action resulting from a charge is commenced in any federal or state court, evidence collected by or submitted to the division during the investigation of the charge and the source of the evidence shall be subject to discovery by the parties to the civil action. Any person who makes public information in violation of this subsection is guilty of a class 1 misdemeanor. The division shall make its determination on reasonable cause as promptly as possible and as far as practicable not later than sixty days from the filing of the charge. If more than two years have elapsed after the alleged unlawful employment practice occurred, and if the charging party has received a notice of right to sue, the division may cease investigation of a charge without reaching a determination.

C. All conciliation agreements shall provide that the charging party waives, releases and covenants not to sue the respondent or claim against the respondent in any forum with respect to the matters which were alleged as charges filed with the division, subject to performance by the respondent of the promises and representations contained in the conciliation agreement. The charging party or the respondent may prepare a conciliation agreement which the division shall submit to the other party and which, if accepted by the other party, shall be accepted by the division.

D. If within thirty days after the division has made a determination that reasonable cause exists to believe that the charge is true the division has not accepted a conciliation agreement to which the charging party and the respondent are parties, the division may bring a civil action against the respondent, other than the state, named in the charge. The charging party shall have the right to intervene in a civil action brought by the division. If a charge filed with the division pursuant to subsection A of this section is dismissed by the division or if within ninety days from the filing of such charge the division has not filed a civil action under this section or has not entered into a conciliation agreement with the charging party, the division shall so notify the charging party. Within ninety days after the giving of such notice a civil action may be brought against the respondent named in the charge by the charging party or, if such charge was filed by a member of the division, by any person whom the charge alleges was aggrieved by the alleged unlawful employment practice. In no event shall any action be brought pursuant to this article more than one year after the charge to which the action relates has been filed. Upon application by the complainant and in such circumstances as the court may deem just, the court may appoint an attorney for such complainant and may authorize the commencement of the action without the payment of fees, costs or security. Upon timely application, the court may in its discretion permit the division to intervene in civil actions in which the state is not a defendant upon certification that the case is of general public importance. Upon request the court may stay further proceedings for not more than sixty days pending the further efforts of the parties or the division to obtain voluntary compliance.

E. Whenever a charge is filed with the division and the division concludes on the basis of a preliminary investigation that prompt judicial action is necessary to carry out the purposes of this article or article 4 of this chapter, the division may bring an action for appropriate temporary or preliminary relief pending final disposition of such charge. Any temporary restraining order or other order granting preliminary or temporary relief shall be issued in accordance with the supreme court rules of civil procedure. The court having jurisdiction over such proceedings shall assign such action for hearing at the earliest practicable date and cause the action to be expedited in every way.

F. The court shall assign any action brought under this article for hearing at the earliest practicable date and cause the action to be in every way expedited. If the action has not been scheduled for trial within one hundred twenty days after issue has been joined, the judge may appoint a master pursuant to rule 53 of the supreme court rules of civil procedure.

G. If the court finds that the defendant has intentionally engaged in or is intentionally engaging in an unlawful employment practice alleged in the complaint, the court may enjoin the defendant from engaging in such unlawful employment practice and order such affirmative action as may be appropriate. Affirmative action may include, but is not limited to, reinstatement or hiring of employees with or without back pay payable by the employer, employment agency or labor organization responsible for the unlawful employment practice or any other equitable relief as the court deems appropriate. Back pay liability shall not accrue from a date more than two years prior to the filing of the charge with the division. Interim earnings or amounts earnable with reasonable diligence by the person or persons discriminated against shall reduce the back pay otherwise allowable. No order of the court shall require the admission or reinstatement of an individual as a member of a union or the hiring, reinstatement or promotion of an individual as an employee or the payment to him of any back pay if such individual was refused admission, suspended or expelled or was refused employment or advancement or was suspended or discharged for any reason other than discrimination on account of race, color, religion, sex, age, handicap or national origin or a violation of section 41-1464.

H. In any case in which an employer, employment agency or labor organization fails to comply with an order of a court issued in a civil action brought under this section, a party to the action or the division upon the written request of a person aggrieved by such failure may commence proceedings to compel compliance with such order.

I. Any civil action brought under this section and any proceedings brought under subsection H of this section are subject to appeal as provided in sections 12-120.21, 12-120.22 and 12-120.24.

J. In any action or proceeding under this section the court may allow the prevailing party, other than the division, a reasonable attorney's fee as part of the costs.

41-1482. Recordkeeping; preservation of records; reports to division; furnishing information to other governmental agencies; information confidential; classification

A. Every employer, employment agency and labor organization subject to article 4 of this chapter shall make and keep such records relevant to the determination of whether unlawful employment practices have been or are being committed, preserve such records for such periods and make such reports therefrom as the division shall prescribe by regulation or order, after public hearing, as reasonable, necessary or appropriate for the enforcement of this article and article 4. Compliance with reporting and recordkeeping regulations issued by the United States equal employment opportunity commission shall be compliance with this subsection. Any employer, employment agency, labor organization or joint labor-management committee which believes that the application to it of any regulation or order issued under this section would result in undue hardship may apply to the division for an exemption. If an application for such exemption is denied, a civil action may be brought in the superior court for the county where such records are kept. If the division of the court, as the case may be, finds that the application of the regulation or order to the employer, employment agency or labor organization in question, or in general, would impose an undue hardship, the division or the court, as the case may be, may grant appropriate relief. If any person required to comply with the provisions of this subsection fails or refuses to do so, the superior court for the county in which such person is found, resides or transacts business shall upon application of the division issue to such person an order requiring him to comply.

B. In prescribing requirements pursuant to subsection A, the division shall consult with other interested governmental agencies and shall coordinate its requirements with those adopted by such agencies. Upon request the division may furnish to any such governmental agency charged with the administration of a fair employment practices law information obtained pursuant to subsection A from any employer, employment agency, labor organization or joint labor-management committee subject to the jurisdiction of such agency. Such information shall be furnished on condition that it not be made public by the recipient agency prior to the institution of a proceeding under applicable law involving such information. If this condition is violated by a recipient agency, the division may decline to honor subsequent requests of such agency.

C. It is unlawful for any officer or employee of the division or the board to make public in any manner whatever any information obtained by the division pursuant to its authority under this section prior to the institution of any proceeding involving such information under this article. Any officer, employee or agent of the division or the board who shall make public in any manner whatever any information in violation of this subsection is guilty of a class 1 misdemeanor.

41-1483. Notices to be posted; violation; classification

A. Every employer, employment agency and labor organization shall post and keep posted in conspicuous places upon its premises where notices to employees, applicants for employment and members are customarily posted a notice to be prepared or approved by the division setting forth excerpts from or summaries of the pertinent provisions of this article and article 4 and information pertinent to the filing of a complaint.

B. Intentional failure to post such notices after having been furnished such notices by the division is a petty offense.

41-1484. Rules and regulations; good faith compliance as defense in agency and court proceedings

In any action or proceeding based on an alleged unlawful employment practice, no person shall be subject to liability or punishment for or on account of the commission by such person of an unlawful employment practice if he pleads and proves that the act or omission complained of was in good faith, in conformity with and in reasonable reliance on any interpretation or opinion of the division or the failure of such person to publish or file any information required by any provision of this article if he pleads and proves that he failed to publish or file such information in good faith, in conformity with and in reasonable reliance on any instructions of the division regarding the publishing or filing of such information. Either defense, if established, shall be a bar to the action or proceeding, notwithstanding that after such act or omission, such interpretation or opinion is modified or rescinded or is determined by judicial authority to be invalid or of no legal effect or after failing to publish or file pursuant to the instructions of the division such instructions are determined by judicial authority not to be in conformity with the requirements of this article.

Blacklisting

23-1361. Blacklists: Definition, Exemptions, Rights

A. "Blacklist" means any understanding or agreement whereby the names of any person or persons, list of names, descriptions or other means of identification shall be spoken, written, printed or implied for the purpose of being communicated or transmitted between two or more employers of labor, or their bosses, foremen, superintendents, managers, officers or other agents, whereby the laborer is prevented or prohibited from engaging in a useful occupation. Any understanding or agreement between employers, or their bosses, foremen, superintendents, managers, officers or other agents, whether written or verbal, comes within the meaning of this section and it makes no difference whether the employers, or their bosses, foremen, superintendents, managers, officers or other agents, act individually or for some company, corporation, syndicate, partnership or society and it makes no difference whether they are employed or acting as agents for the same or different companies, corporations, syndicates, partnerships or societies.

B. It is not unlawful for a former employer to provide to a requesting employer, or agents acting in the employer's behalf, information concerning a person's education, training, experience, qualifications and job performance to be used for the purpose of evaluating the person for employment. It is not unlawful for a school district to provide information received as a result of a fingerprint check required by section 15-512 to any other school district if requested to do so by the person who was the subject of the fingerprint check. A copy of any written communication regarding employment must be sent by the employer providing the information to the former employee's last known address.

C. An employer who in good faith provides information requested by a prospective employer about the reason for termination of a former employee or about the job performance, professional conduct or evaluation of a current or former employee is immune from civil liability for the disclosure or the consequences of providing the information. There is a presumption of good faith if either:

1. The employer employs less than one hundred employees and provides only the information authorized by this subsection.

2. The employer employs at least one hundred employees and has a regular practice in this state of providing information requested by a prospective employer about the reason for termination of a former employee or about the job performance, professional conduct or evaluation of a current or former employee.

D. The presumption of good faith under subsection C of this section is rebuttable by showing that the employer disclosed the information with actual malice or with intent to mislead. This subsection and subsection C of this section do not alter any privileges that exist under common law. For purposes of this subsection, "actual malice" means knowledge that the information was false or was provided with reckless disregard of its truth or falsity.

E. Communications concerning employees or prospective employees that are made by an employer or prospective employer, or by a labor organization, to a government body or agency and that are required by law or that are furnished pursuant to written rules or policies of the government body or agency are privileged.

F. An employer, including this state and its agencies, a labor organization or an individual is not civilly liable for privileged communications made pursuant to subsection E of this section.

G. In response to a request by another bank, savings and loan association, credit union, escrow agent, commercial mortgage banker, mortgage banker or mortgage broker it is not unlawful for a bank, a savings and loan association, a credit union, an escrow agent, a commercial mortgage banker, a mortgage banker or a mortgage broker to provide a written employment reference which advises of the applicants' involvement in any theft, embezzlement, misappropriation or other defalcation that has been reported to federal authorities pursuant to federal banking guidelines or reported to the Arizona state banking department. In order for the immunity provided in subsection H of this section to apply, a copy of the written employment reference must be sent by the institution providing the reference to the last known address of the applicant in question.

H. No bank, savings and loan association, credit union, escrow agent, commercial mortgage banker, mortgage banker or mortgage broker shall be civilly liable for providing an employment reference unless the information provided is false and the bank, savings and loan association, credit union, escrow agent, commercial mortgage banker, mortgage banker or mortgage broker providing the false information does so with knowledge and malice.

I. A court shall award court costs, attorney fees and other related expenses to any party that prevails in any civil proceeding in which a violation of this section is alleged.

Retaliation

23-1501. Employment; Noncontractual employments severable at will; Retaliatory Discharge Prohibited; Remedies
The public policy of this state is that:

3. An employee has a claim against an employer for termination of employment only if one or more of the following circumstances have occurred:

(c) The employer has terminated the employment relationship of an employee in retaliation for any of the following:

(i) The refusal by the employee to commit an act or omission that would violate the Constitution of Arizona or the statutes of this state.

(ii) The disclosure by the employee in a reasonable manner that the employee has information or a reasonable belief that the employer, or an employee of the employer, has violated, is violating or will violate the Constitution of Arizona or the statutes of this state to either the employer or a representative of the employer who the employee reasonably believes is in a managerial or supervisory position and has the authority to investigate the information provided by the employee and to take action to prevent further violations of the Constitution of Arizona or statutes of this state or an employee of a public body or political subdivision of this state or any agency of a public body or political subdivision.

(iii) The exercise of rights under the workers' compensation statutes prescribed in chapter 6 of this title.

(iv) Service on a jury as protected by section 21-236.

(v) The exercise of voting rights as protected by section 16-1012.

(vi) The exercise of free choice with respect to nonmembership in a labor organization as protected by section 23-1302.

(vii) Service in the national guard or armed forces as protected by sections 26-167 and 26-168.

(viii) The exercise of the right to be free from the extortion of fees or gratuities as a condition of employment as protected by section 23-202.

(ix) The exercise of the right to be free from coercion to purchase goods or supplies from any particular person as a condition of employment as protected by section 23-203.

(x) The exercise of a victim's leaves right as provided in sections 8-420 and 13-4439.

Equal Pay

23-341. Wage rates for females; equal rates; variations; penalties; enforcement

A. Notwithstanding the other provisions of this chapter, no employer shall pay any person in his employ at wage rates less than the rates paid to employees of the opposite sex in the same establishment for the same quantity and quality of the same classification of work, provided, that nothing herein shall prohibit a variation of rates of pay for male and female employees engaged in the same classification of work based upon a difference in seniority, length of service, ability, skill, difference in duties or services performed, whether regularly or occasionally, difference in the shift or time of day worked, hours of work, or restrictions or prohibitions on lifting or moving objects in excess of specified weight, or other reasonable differentiation, factor or factors other than sex, when exercised in good faith.

B. Any employer who violates subsection A of this section is liable to the employee affected in the amount of the wages of which such employee is deprived by reason of such violation.

C. Any affected employee may register with the commission a complaint that the wages paid to such employee are less than the wages to which such employee is entitled under this section.

D. The commission shall take all proceedings necessary to enforce the payment of any sums found to be due and unpaid to such employees.

E. Any employee receiving less than the wage to which such employee is entitled under this section may recover in a civil action the balance of such wages, together with the costs of suit, notwithstanding any agreement to work for a lesser wage.

F. Any action based upon or arising under this section shall be instituted within six months after the date of the alleged violation, but in no event shall any employer be liable for any pay due under this section for more than thirty days prior to receipt by the employer of written notice of claim thereof from the employee.

G. The burden of proof shall be upon the person bringing the claim to establish that the differentiation in rate of pay is based upon the factor of sex and not upon other differences, factor or factors.

Tobacco Use

36-601-02. Discrimination for use or nonuse of tobacco prohibited.

F. No state employer may discriminate against any employee or other person on the basis of the use or nonuse of tobacco products.

G. The Department of Administration shall adopt procedures to ensure that complaints may be made anonymously by any employee for the reporting of a violation of the provisions of this section.

H. A state employee shall have the right to be represented by an employee association in connection with any grievance related to smoking.

I. A person who violates this section is guilty of a petty offense.

Harassment

12-1810.  Injunction against workplace harassment; definitions

A.  An employer or an authorized agent of an employer may file a written verified petition with a magistrate, justice of the peace or superior court judge for an injunction prohibiting workplace harassment.

B.  The court shall not grant an injunction against workplace harassment against either:

1.  A person who is under twelve years of age unless the injunction is granted by the juvenile division of the superior court.

2.  More than one defendant.

C.  The petition shall state all of the following:

1.  The name of the employer.

2.  The name and address, if known, of the defendant.

3.  A specific statement showing the events and dates of the acts that constitute harassment toward the employer or any person who enters the employer's property or who is performing official work duties.

D.  The filing fee for a petition that is filed pursuant to this section is established pursuant to sections 12-284, 22-281 and 22-404.

E.  The court shall review the petition and any evidence offered by the employer to determine whether to issue the injunction without further hearing.  Rules 65(a)(1) and 65(e) of the Arizona rules of civil procedure do not apply to injunctions requested pursuant to this section.  If the court finds reasonable evidence of workplace harassment by the defendant or that good cause exists to believe that great or irreparable harm would result to the employer or any other person who enters the employer's property or who is performing official work duties or if the injunction is not granted before the defendant or the defendant's attorney can be heard in opposition and the court finds specific facts that attest to the employer's efforts to give notice to the defendant or reasons supporting the employer's claim that notice should not be given, the court shall issue an injunction pursuant to subsection F of this section.  If the court denies the requested relief, the court may schedule a further hearing within ten days with reasonable notice to the defendant. 

F.  If the court grants an injunction against workplace harassment, the court may do any of the following:

1.  Restrain the defendant from coming near the employer's property or place of business and restrain the defendant from contacting the employer,  or other person while that person is on or at the employer's property or place of business or is performing official work duties.

2.  Grant any other relief necessary for the protection of the employer, the workplace, the employer's employees or any other person who is on or at the employer's property or place of business or who is performing official work duties.

G.  If the court issues an ex parte injunction pursuant to this section, the injunction shall state on its face that the defendant is entitled to a hearing on written request and shall include the name and address of the judicial office in which the request may be filed.  At any time during the period that the injunction is in effect, the defendant may request a hearing.  The court shall hold the hearing within ten days after the date of the written request unless the court finds compelling reasons to continue the hearing.  The hearing shall be held at the earliest possible time.  After the hearing, the court may modify, quash or continue the injunction.

H.  An injunction against workplace harassment that is issued pursuant to this section shall include the following statement:

Warning

This is an official court order.  If you disobey this order, you may be arrested and prosecuted for the crime of interfering with judicial proceedings and any other crime you may have committed in disobeying this order.

I.  A copy of the petition and the injunction shall be served on the defendant within one year from the date the injunction is signed.  An injunction that is not served on the defendant within one year expires.  The injunction is effective on the defendant on service of a copy of the injunction and petition and expires one year after service on the defendant. A modified injunction is effective on service and expires one year after service of the initial injunction and petition.

J.  Each affidavit, acceptance or return of service shall be filed promptly with the clerk of the issuing court.  The filing shall be completed in person, made by fax or postmarked, if sent by mail, no later than the end of the seventh court business day after the date of service.  If the filing is made by fax, the original affidavit, acceptance or return of service shall be filed promptly with the court.  Within twenty-four hours after the affidavit, acceptance or return of service has been filed, excluding weekends and holidays, the court that issued the injunction shall register a copy of the injunction and a copy of the affidavit of service of process or acceptance of service with the sheriff's office of the county in which the employer is located.  A copy of an injunction is presumed to be a valid existing order of the court for one year after the date on which the defendant was served.  Any changes or modifications to the injunction are effective on entry by the court and shall be registered with the sheriff within twenty-four hours after the entry, excluding weekends and holidays.

K.  This section does not:

1.  Expand, diminish, alter or modify the duty of an employer to provide a safe workplace for its employees and other persons.

  1.  Permit a court to issue a temporary restraining order or injunction that prohibits speech or other activities that are constitutionally protected or otherwise protected by law, including actions involving organized labor disputes that do not involve unlawful picketing, trespassory assembly, unlawful mass assembly, concerted interference with lawful exercise of business activity and engaging in a secondary boycott as defined in section 23-1321, defamation in violation of section 23-1325 of any actual or threatened misrepresentation, fraud, duress, violence or breach of the peace.  

3.  Preclude either party from being represented by private counsel or appearing on the party's own behalf.

L.  When the employer has knowledge that a specific person or persons are the target of harassment as defined by this section, the employer shall make a good faith effort to provide notice to the person or persons that the employer intends to petition the court for an injunction against workplace harassment.

M.  Whether or not a violation occurs in the presence of a peace officer, a peace officer, with or without a warrant, may arrest a person if the peace officer has probable cause to believe that the person has violated section 13-2810 by disobeying or resisting an injunction that was issued pursuant to this section.  The release provisions under section 13-3903 do not apply to an arrest made pursuant to this subsection.  A person who is arrested pursuant to this subsection may be released from custody pursuant to the Arizona rules of criminal procedure or any applicable statute.  The court shall include in an order for release any pretrial release conditions that the court deems appropriate.

N.  The remedies under this section for the enforcement of protection orders are in addition to any other civil and criminal remedies that are available.  The municipal court and the justice court may hear and decide all matters arising pursuant to this section.  On notice to the affected party and after a hearing, the court may enter an order that requires any party to pay the costs of the action, including reasonable attorney fees.  A party may appeal an order entered by a justice court or municipal court pursuant to section 22-261 or 22-425 and the superior court rules of civil appellate procedure without regard to an amount in controversy.

O.  A peace officer who makes an arrest pursuant to this section is immune from civil or criminal liability if the officer acts on probable cause.

P.  An employer is immune from civil liability for seeking or failing to seek an injunction under this section unless the employer is seeking an injunction primarily to accomplish a purpose for which the injunction was not designed.  Any action or statement by an employer under this section shall not be deemed an admission by the employer of any fact.  An action or statement by an employer under this section may be used for impeachment purposes.

Q.  In addition to the persons who are authorized to serve process pursuant to rule 4(d), Arizona rules of civil procedure, a peace officer may serve an injunction against workplace harassment pursuant to this section.

R.  For the purposes of this section:

1.  "Employer" means an individual, partnership, association or corporation or a person or group of persons who act, directly or indirectly, on behalf of or in the interest of an employer and with the consent of the employer.  Employer includes this state, a political subdivision of this state and any school district or other special district.

2.  "Harassment" means a single threat or act of physical harm or damage or a series of acts over any period of time that would cause a reasonable person to be seriously alarmed or annoyed and includes unlawful picketing, trespassory assembly, unlawful mass assembly, concerted interference with lawful exercise of business activity and engaging in a secondary boycott as defined in section 23-1321 and defamation in violation of section 23-1325.  (Effective July 20, 2011)

Right to Breast-feed

13-1402. Indecent exposure; exception; classification.

A. A person commits indecent exposure if he or she exposes his or her genitals or anus or she exposes the areola or nipple of her breast or breasts and another person is present, and the defendant is reckless about whether the other person, as a reasonable person, would be offended or alarmed by the act.

B. Indecent exposure does not include an act of breast-feeding by a mother.

C. Indecent exposure to a person who is fifteen or more years of age is a class 1 misdemeanor. Indecent exposure to a person who is under fifteen years of age is a class 6 felony.

41-1443. Breast-feeding; public place; public accommodation.

A mother is entitled to breast-feed in any area of a public place or a place of public accommodation where the mother is otherwise lawfully present.

Executive Order 2003-22 Confirming Equal Employment Opportunities


 

WHEREAS, the employment practices of the State of Arizona should promote public confidence in the fairness and integrity of government, and should reflect the States firm commitment to strengthening and developing equal employment opportunities in the State of Arizona; and

WHEREAS, the State should use the capabilities of all its employees to the fullest, without regard to characteristics that are not directly related to the ability of the individual employee to perform the requirements of a job; and

WHEREAS, the government of the State of Arizona is committed to employment policies and procedures that encourage non-discriminatory employment practices; provide desirable models for the private sector and local governments; and build from the positive experiences of private and public sector employers that have adopted their own such policies; and

WHEREAS, Arizonas two largest cities, along with several of its major employers and at least 13 other states, have developed policies against discrimination on the basis of sexual orientation;

NOW, THEREFORE, I, Janet Napolitano, Governor of the State of Arizona, by virtue of the power vested in me by the Arizona Constitution and the laws of this State, do hereby:

1. Affirm the State's commitment to the elimination of all barriers to employment that artificially restrict hiring, promotion, recruitment, compensation, and tenure on the basis of any status or characteristic that is not directly related to the performance of a job; and

2. Direct that no state agency, board or commission (collectively "state agency") shall discriminate in employment solely on the basis of an individual's sexual orientation; No provided, however, that no state agency shall be required to establish employment goals based on sexual orientation.

3. Give notice to all state employees that acts of sexual harassment or other harassment
based on sexual orientation shall be a cause for discipline, up to and including termination of employment with the State.

4. Direct that heads of all state agencies take measures to ensure that:

A. Their policy statements, programs, and procedures adequately reflect that equal employment opportunity exists in accordance with this Order.

B. Their procedures for evaluating and acting upon complaints of employment discrimination reflect current state and federal law and the policies promulgated in this Executive Order. Such procedures shall provide appropriate requirements for confidentiality in cases arising from complaints of discrimination based on sexual orientation and commitments by the State agency to resolve all complaints in the spirit and intent of this Executive Order.

IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Arizona GOVERNOR

Signed at the Capitol in Phoenix this 21st day of June in the Year Two Thousand and Three and of the Independence of the United States of America the Two Hundred and Twenty Seventh.

Discrimination Against Military Service Personnel

Sec. 26-167. National guard member; Employment discrimination prohibited.

A. A member of the national guard shall not, because of membership therein or absence from employment under competent military orders, be deprived of employment or prevented or obstructed in obtaining employment in his trade, occupation or profession, nor shall any person be dissuaded from enlisting in the military forces of the state or the United States by threat of or actual infliction of physical punishment or economic damage.

B. A person violating this section is guilty of a class 2 misdemeanor.

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12/05/2008 Arizona Employment Discrimination Law - 41-1461. Definitions
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12/05/2008 Arizona Employment Discrimination Law - 41-1463. Discrimination; Unlawful Practices; Definition
 

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