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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. However, to the extent that any person is alleged to have committed any act of sexual harassment, “employer” means a person who has one or more employees in the current or preceding calendar year.
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. The unlawful employment practices, as well as the exemptions, are similar to those under the federal Equal Pay Act. It is unlawful for an employer to discriminate against any individual with respect to compensation, terms, conditions or privileges of employment because of sex.
It is not an unlawful employment practice for an employer to:
- apply different standards of compensation or different terms, conditions or privileges of employment pursuant to a bona fide seniority or merit system or a system which measures earnings by quantity or quality of production or to employees who work in different locations, provided that these differences are not the result of an intention to discriminate;
- 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; or
- differentiate upon the basis of sex or disability in determining the amount of the wages or compensation if the differentiation is authorized by section 6(d) or section 14 of the Fair Labor Standards Act (29 United States Code section 206(d)).
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
Contact
Civil Rights Division -- Arizona Attorney General
Regulations
Ariz. Rev. Stat. Ann. Title 41, Chapter 9, Article 4 and Article 6
Federal
Contact
Equal Employment Opportunity Commission (EEOC)
Regulations
29 CFR Part 1620, The Equal Pay Act
29 CFR 1621, Procedures — The Equal Pay Act