Workplace Discrimination in Arizona
Discrimination is an all-too-familiar scenario for many in the workplace. Likewise, it is also the most common type of workplace lawsuit that workers file. An experienced Arizona workplace discrimination attorney can help. Find out how.
What Is Workplace Discrimination?
Discrimination in the workplace deals with unfair treatment. These laws find their basis on factors such as race, gender, sexual orientation, physical disability, physical qualities, or age. Workplace discrimination can occur between employees or between employers and existing or prospective employees.
Arizona Labor laws make some types of workplace discrimination illegal. If illegal discrimination occurs, workers may be able to file a workplace discrimination lawsuit. A worker does not need to current ly have employment from a company to face qualifying discrimination. For instance, the company chose not to hire someone. If it’s because of a qualifying characteristic, the individual may become entitled to a claim.
Here are some of the most common types of discrimination that occur in the Arizonawork environment:
- Choosing not to hire someone because of their disability
- Choosing not to promote someone because of their race
- Excluding someone from a project because management says they’re too old
- Making misogynistic comments about women
- Deliberately paying men more than women because the boss values their work more
Should You File a Complaint With the HR Department or the EEOC?
Most Arizona companies have a human resources department and discrimination in the workplace falls within their portfolio. For that reason, raising concerns with the appropriate HR representative may include filing a written report, a possible sit-down interview, and an investigation.
Sometimes a company does not have a human resources department and there are no policies in place. To resolve the issue, you might take your concerns directly to the Equal Employment Opportunity Commission. They can assist you in investigating the claim and possibly filing a lawsuit.
The Federal EEOC states that with any discriminatory charge, except for claims of violation of the Equal Pay Act, you must first file a claim before you can file a lawsuit. Once you file you’ll have 10 days before your employer receives a copy of the complaint. Then the EEOC will either choose to investigate, mediate, or dismiss your claim.
What Laws Protect Against Discrimination in the Workplace?
There are federal workplace discrimination laws that help to protect employees. On a federal level, Arizona employees have protections from discrimination under Title VII of the Civil Rights Act of 1964. However, many states have even stronger laws that offer additional protection.
Let’s take an example. California became the first state where ethnic hair and the right to wear it naturally became a right. In other states, employers may discriminate against natural hair because of racial discrimination.
Arizona’s Antidiscrimination Policies prohibit Arizona employers from terminating employees on a discriminatory basis. You cannot lose your job due to specific reasons, such as race, sex, sexual orientation, or religious affiliation. Your employer also cannot terminate your position due to military status or free exercise of civil liberties, such as voting.
Title VII of the Civil Rights Act of 1964
This specifically prohibits employers from discriminating against employees on the basis of race, religion, sex, color, or national origin. It typically applies to organizations with 15 or more employees. It also applies to schools (both public and private) and labor organizations. The EEOC’s primary responsibility is enforcing this law.
The Arizona Civil Rights Advisory Board conducts sporadic surveys to gauge the effect of discrimination in Arizona, and to foster an evironment that will eradicate such practices. A politically balanced volunteer body, the ACRAB is under the umbrella of the Arizona Civil Rights Division.
Other Notable Applicable Federal Discrimination Laws
- Equal Pay Act (EPA) – Deals with equal pay act for men and women
- Age Discrimination in Employment Act (ADEA) – Protects workers aged 40 and over
- Americans with Disabilities Act – Protects employees with physical disabilities
Examples of State Workplace Discrimination Laws
- Arizona Civil Rights Act– Prohibits discrimination on the basis of race, creed, sex, religion, or national origin.
- Arizona Whistleblower Act– prevents retaliation against employees who file claims of illegal or unsafe activities.
What Is the Workplace Discrimination Process Like?
Filing a claim for workplace discrimination in Arizona can be a tricky process given the number of potential laws in play. This is especially the case when the characteristics of the case under protections only qualify under state law. The EEOC enforces federal workplace discrimination laws. In some cases, individual state labor departments handle the claims that only qualify under state law.
Filing a Claim
When it comes to federal claims, workers have about 180 days to file, to remain within the statute of limitations. Time is of the essence with discrimination claims. It’s a good idea to hire a discrimination lawyer to help from the beginning.
Arizona Claimants also need to provide some basic information with their claim. Depending on the agency, the employer’s name, the name(s) of involved parties, and a description of the incident. It will also include the contact information for everyone involved.
Once the investigation has begun, the agency may request more information. They generally give you ample time and opportunity to produce said information if this happens.
Investigating the Claim
The investigation may include interviews with the employee, employer, coworkers, and anyone else with relevant information. If the agency finds that the claim is valid and discrimination occurred, the next step is typically to pursue a settlement or mediation. Both parties are often motivated to reach a compromise to avoid further legal action.
If a settlement cannot be reached, it may be necessary to file a lawsuit. In such cases, an attorney can issue a “Right to Sue” letter, allowing the employee to pursue legal action independently to address the discrimination they faced.
If your claim has been denied or dismissed, there is an appeals process you can follow with the Equal Employment Opportunity Commission. You’ll have 30 days to file the appeal from the date you receive notice of your claims denial. You can choose to submit your appeal online, by mail, or in person, but you may want an experienced Arizona attorney to best help guide you through this process.
Work With an Experienced Workplace Discrimination Lawyer in Arizona
Consider hiring a lawyer who specializes in discrimination in Arizona as soon as the incident takes place. Experts often recommend that you resolve the issue internally through the proper HR channels. On the other hand, many employers mishandle these cases.
If you are considering a lawsuit, an attorney becomes even more necessary. Arizona discrimination attorneys can help you with the paperwork, prepare you for depositions, and find corroborating witnesses to support your claim.
If the court rules in your favor, you might become entitled to several different compensatory benefits:
- Back pay
- Promotion
- Reinstatement
- Front pay
- Reasonable accommodations
- Payment of attorney’s fees, court costs, and expert witness fees
Are you ready to find out if you are eligible for these benefits in Arizona? Start with a case review. We can even help you connect with an attorney across Arizona state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations. Contact Aaron at [email protected] for article suggestions, collaborations, or inquiries.
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