Arizona — Workplace Discrimination

The Arizona Civil Rights Act (ACRA) applies to employers with fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year. However, for allegations of sexual harassment or retaliation for opposing sexual harassment, the Act covers employers with one or more employees in the current or preceding calendar year. ACRA prohibits discrimination based on race, color, religion, sex (including pregnancy and childbirth), age, national origin, disability, and genetic test results.

Source: A.R.S. § 41-1461(7), A.R.S. § 41-1463

Under the Arizona Civil Rights Act, it is an unlawful employment practice for an employer to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment because of the individual's race, color, religion, sex (including pregnancy, childbirth, and related medical conditions), age, national origin, or disability. The Act also separately prohibits employers from failing or refusing to hire, discharging, or otherwise discriminating against any individual based on the results of a genetic test received by the employer.

Source: A.R.S. § 41-1463(B)

An employee alleging unlawful employment discrimination under the Arizona Civil Rights Act must file a charge with the Arizona Attorney General's Civil Rights Division within 180 days after the alleged unlawful employment practice occurred. This administrative filing is a jurisdictional prerequisite to bringing a civil lawsuit under ACRA; a plaintiff cannot proceed directly to court without first exhausting administrative remedies by filing a timely charge with the Division.

The 180-day deadline is measured from the date of the last discriminatory act. A.R.S. § 41-1481(A) provides that "[a] charge under this section shall be filed within one hundred eighty days after the alleged unlawful employment practice occurred." The charge is deemed filed on receipt by the Division from or on behalf of the aggrieved person, or—if filed by a Division member—when executed by the member on oath or affirmation. A charge is also deemed filed if received from the U.S. Equal Employment Opportunity Commission (EEOC).

Dual-filing with the EEOC. When both federal and state employment discrimination claims are available, the charge is automatically dual-filed with the EEOC and the Division under a work-sharing agreement. Filing with either agency satisfies the filing requirement for both. The EEOC filing deadline for dual-filed charges is 300 days from the discriminatory act (the extended "deferral" deadline under federal law for states with their own fair employment practice agencies). There are two circumstances in which only Arizona law applies and dual-filing is unavailable:

1. Sexual harassment by employers with fewer than 15 employees. ACRA covers sexual harassment or retaliation for opposing sexual harassment by employers with one or more employees (A.R.S. § 41-1461(7)), while Title VII requires 15 employees; claims against employers with 1–14 employees proceed solely under ACRA with the 180-day deadline.

1. Age discrimination by employers with 15–19 employees. ACRA's 15-employee threshold for age discrimination (A.R.S. § 41-1463(B)) is lower than the ADEA's 20-employee threshold; claims against employers with 15–19 employees proceed solely under ACRA with the 180-day deadline.

Right-to-sue prerequisite for private litigation. An employee cannot file a private civil action under ACRA until the Division has investigated the charge. The employee may file suit after the Division issues a right-to-sue notice, which the Division may issue at any point in its investigative or conciliation process. This exhaustion requirement is absolute; in Peterson v. City of Surprise, 244 Ariz. 247, 418 P.3d 1020 (Ct. App. 2018), the Arizona Court of Appeals reversed a jury verdict for a former police detective who alleged constructive discharge in retaliation for reporting sexual harassment, holding she failed to exhaust administrative remedies by filing a charge with the Division within the 180-day deadline. The court ruled that exhaustion of administrative remedies is a condition precedent to bringing an ACRA lawsuit, and an untimely charge forfeits the right to sue even if the underlying claim has merit.

If the Division finds reasonable cause to believe discrimination occurred, it will attempt conciliation; if conciliation fails, the Division may file a lawsuit on the employee's behalf. Regardless of whether the Division pursues its own litigation, the employee retains the right to file a private lawsuit once a right-to-sue notice has been issued.

Source: A.R.S. § 41-1481(A) Source: A.R.S. § 41-1461(7) Source: A.R.S. § 41-1463(B) Source: Arizona Attorney General Civil Rights Division — Employment Discrimination Source: Arizona Attorney General Civil Rights FAQ