['Disabilities and ADA']
['Disabilities and ADA']
07/16/2024
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Summary of differences between federal and state regulations
Employer defined
“Employer” means a person who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of that person.
The term “employer” does not include either:
- The United States or any department or agency of the United States, a corporation wholly owned by the government of the United States or an Indian tribe.
- A bona fide private membership club, other than a labor organization, that is exempt from taxation under section 501(c) of the internal revenue code of 1954.
Unlawful employment practices
The Arizona Attorney General - Civil Rights Division enforces the state laws, and the Office for Americans with Disabilities provides training and other information. The unlawful employment practices, as well as the exemptions, are similar to those under the federal Americans With Disabilities Act. Nothing in the law requires that the less qualified be preferred over the better qualified simply because of disability. However, employers are expected to make reasonable accommodations unless doing so would create an undue hardship.
A charge of discrimination must be filed within 180 days from the date on which the alleged practice or act occurred. If the alleged discriminatory practice or act is of a continuing nature, the date of the occurrence will be deemed to be any date after the alleged practice or act up to and including the date upon which the lawful practice has ceased.
Recordkeeping
Every covered entity must maintain records relevant to the determination of whether unlawful employment practices have been or are being committed. These records must be preserved as prescribed by the Civil Rights Division. Compliance with reporting and recordkeeping regulations issued by the EEOC is considered compliance.
No entity required to file an EEO-1, -2, -3, or -4 Report with the EEOC will be required to file a similar report with the Civil Rights Division unless specifically requested to do so.
Posting
Every employer, employment agency and labor organization must post and keep posted in conspicuous places upon its premises where notices to employees, applicants for employment, and members are customarily posted a notice setting forth excerpts from or summaries of the unlawful employment practices and information on filing a complaint.
State
Contacts
Civil Rights Division -- Arizona Attorney General
Office for Americans With Disabilities
Regulations
Ariz. Rev. Stat. Ann. Title 41, Chapter 9, Article 4 and Article 6
Ariz. Admin. Code Title 10, Chapter 3, Articles 1, 2, and 4
Federal
Contact
Equal Employment Opportunity Commission (EEOC)
Regulations
Americans With Disabilities Act
29 CFR Parts 1630, Regulations to Implement the Equal Employment Provisions of the Americans With Disabilities Act
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