Workplace discrimination happens when an employer treats a worker or job applicant unfairly because of who they are. In Arizona, both state and federal laws make it illegal for employers to base decisions about hiring and other workplace matters on things like race, sex, age, and disability.
Most people have a general idea of what discrimination looks like, but the legal definition is more specific than many expect. Knowing what the law protects and how to file a complaint can help you stand up for your rights if you are being treated unfairly, so read on for the information you need to know.
Protected Classes Under Arizona Law
The Arizona Civil Rights Act (ACRA), found in relevant part at A.R.S. § 41-1463, is the main state law that addresses employment discrimination. It works alongside federal laws like Title VII of the Civil Rights Act and the Americans with Disabilities Act. The ACRA is enforced by the Arizona Attorney General’s Civil Rights Division (ACRD) and applies generally to employers with 15 or more workers.
Under the ACRA, it is illegal for an employer to discriminate based on the following:
- Race
- Color
- Religion
- Sex, including pregnancy
- National origin
- Age (40 and older)
- Disability (either physical or mental)
- Genetic testing results
Arizona is an at-will employment state, which means employers can generally let workers go for almost any reason. However, an employer generally cannot terminate someone for an unlawful discriminatory reason.
Common Forms of Workplace Discrimination
Discrimination at work can show up in different ways. Arizona law recognizes several forms, and each one can serve as the basis for a legal claim.
Disparate Treatment
Disparate treatment happens when an employer intentionally treats someone differently because of a protected characteristic. Being let go while workers in similar roles keep their jobs, for instance, can qualify.
Disparate Impact
Disparate impact can occur when a seemingly neutral workplace policy disproportionately affects members of a protected group. Unlike disparate treatment, the employer does not necessarily need to intend to discriminate.
Whether a policy amounts to unlawful discrimination depends on the circumstances and the applicable law. For example, hiring requirements, screening procedures, or other workplace policies may raise concerns if they disproportionately exclude members of a protected group without sufficient justification.
Harassment
Harassment based on a protected characteristic may violate the law when it meets the applicable legal standard for unlawful workplace harassment. Sexual harassment gets the most attention, but harassment can also be based on any other protected class.
Retaliation
Workplace retaliation happens when an employer punishes you for standing up for your rights. Filing a discrimination complaint is an example of a protected kind of activity. If your employer takes action against you after something like that, that could be a separate legal claim on its own.
How to File a Discrimination Complaint in Arizona
If you believe you have been discriminated against at work, you can file a complaint with the ACRD, a charge with the federal Equal Employment Opportunity Commission (EEOC), or both. The two agencies have a work-sharing agreement, so filing with one is often treated as a filing with both.
In Arizona, a discrimination complaint generally must be filed with the Arizona Attorney General’s Civil Rights Division within 180 days of the alleged discriminatory act. For many federal discrimination claims, an individual usually has 300 days from the alleged harm to file a charge with the EEOC because Arizona has a state agency that enforces anti-discrimination laws.
Different deadlines may apply depending on the type of claim, so acting promptly is important.
How Can an Employment Lawyer Help Me Through the Process?
Discrimination cases can be tough to handle without a lawyer on your side, as the proof you need often lives inside company records and patterns of behavior that are hard to uncover without legal tools.
An employment attorney can help by:
- Evaluating the facts and explaining whether they may support a discrimination claim
- Making sure your complaint is filed before the deadline runs out
- Gathering the evidence you need, including personnel files and witness accounts
- Handling conversations with the employer’s legal team
- Representing you through the complaint process and in court if it comes to that
Employers usually have experienced legal teams and plenty of resources behind them. Having your own employment lawyer levels the playing field and gives you a stronger chance of a fair result.
Contact the Arizona Workplace Discrimination Lawyers at Houk Employment Attorneys for Help Today
Workplace discrimination claims can involve complicated legal standards, filing requirements, and deadlines. Houk Employment Attorneys can review the circumstances of your case, explain your options, and help you navigate the complaint process.
If you believe you have experienced unlawful discrimination at work, contact Houk Employment Attorneys to schedule an initial consultation with a Phoenix workplace discrimination attorney.
Houk Employment Attorneys
631 N 1st Ave Suite 101, Phoenix, AZ 85003
(480) 569-2377
