Federal & State Regulations | Discrimination - Other - Arizona

Summary of differences between federal and state regulations

The federally protected classes in employment discrimination include race, color, religion, national origin, age (40 and over), sex (including pregnancy, sexual orientation, and gender identity), disability, and genetic information.

Arizona’s civil rights law identifies the following protected classes for purposes of employment discrimination:

Race,
Color,
Religion or Creed (including all aspects of religious observance and practice, as well as belief),  
Sex/Gender (including pregnancy, childbirth or related medical conditions), 
Age (40 and over), 
National origin,
Disability (physical or mental; excluding current drug or alcohol use) , 
Genetic testing,
Retaliation, and 
Sexual orientation/Gender identity or expression (Not explicitly covered under state law, but the Arizona Civil Rights Division (ACRD) will investigate).

The state also has specific rules for establishing a constructive discharge claim. Employers should be aware that these provisions only offer protection for claims under state law, and many of the same protections are provided under federal law.

The main Arizona employment discrimination law applies to employers with 15 or more employees, but sexual harassment applies to any size employer.

Crown Act

Based on Executive Order 2023-09, signed by Governor Katie Hobbs on March 17, 2023, all Arizona state agencies must safeguard against workplace discrimination based on all race-based hairstyles by expressly prohibiting discrimination based on hair texture and protective styles, such as:

Braids,
Locs,
Twists,
Knots, and
Headwraps.

This race-based hairstyle policy does not supersede health and safety standards that are required for operational purposes.  State agencies must include race-based hairstyle provisions in all new state contracts or subcontracts.

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.

Genetic discrimination

The Arizona law states that it is an unlawful employment practice for an employer 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.

However, it is not an unlawful employment practice for an employer to give and act upon the results of any professionally developed ability test provided that the test, its administration, or action upon the results is not designed, intended, or used to discriminate.