The Basics of Arizona Workplace Harassment Laws
An essential part of managing a smooth and appealing work environment is by ensuring that everyone is treated fairly, respectfully, and humanely. Undoubtedly, most employees would prefer to work at an establishment where individuals are not subjected to offensive forms of communication, bullying, or intimidation.
When these behaviors do exist in the workplace, this is referred to as harassment. In Arizona, workplace harassment laws are defined by state and federal law.
When it comes to workplace harassment in Arizona, it is essential for employers and workers to understand how legal terms are defined, and the specific actions that fall under those definitions. As outlined below , harassment is not limited to any one form of offensive action — it encompasses a wide variety of inappropriate behaviors.
Under Arizona state law, workplace harassment includes:
Under Arizona Revised Statute § 41-1463, harassment includes any unwelcome conduct based on an individual’s race, color, religion, sex, age, disability, national origin, veteran status, or genetic information. Harassment occurs when the conduct:
The harassing behavior must interfere with the victim’s work performance or make the work environment intimidating, hostile, or abusive. Also, the harassing behavior must be severe enough to be considered illegal; conduct that is rude, unpleasant, off-color, or rude but that does not cross the line of illegal harassment.
Legal Definitions and Illustrative Forms of Workplace Harassment
Harassment can take many different forms, all of which are defined as legally actionable. Legal definitions of workplace harassment under Arizona law include sexual harassment, discrimination, harassment based on pregnancy, and hazing.
Sexual Harassment
Arizona defines sexual harassment as the "use of one’s position of power in a work-related or educational situation to abuse, intimidate, or coerce another into sexual relations." Put more simply, treatment based on sex is considered sexual harassment if that treatment is unwelcome and either: Sexual harassment may involve both tax and physical acts. Talking about sexual acts in the workplace where others can hear you is also an example of sexual harassment.
Discrimination
To be discriminated against means to be treated differently, in a negative way, based on a certain characteristic. Commonly, people are considered victims of discrimination if they are treated differently based on their race, sex, ethnicity, age, pregnancy, disability, or religion. Discrimination can occur in regard to hiring, firing, promotion and demotion, training opportunities, discipline and pay.
Pregnancy Discrimination
Pregnancy discrimination is when employers discriminate against pregnant women because of their pregnancies. If such discrimination occurs, it is a form of sex discrimination in the workplace, which the Equal Opportunity Employment Commission (EEOC) defines as treating a woman unfavorably because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. Pregnancy discrimination may include firing, denying a promotion or pay raise, preventing job assignment or training, or overseeing to protect pregnant women.
Hazing
Even though hazing is most commonly associated with student activities like fraternities and sororities, workplace hazing and bullying are also illegal under Arizona law. It usually involves some aggressive or harmful behavior, including threats to physical or mental well-being. Workplace hazing may occur in various forms, including using insults, swearing, verbal bullying, threatening or intimidating other employees, unrealistic job expectations, or tampering with someone’s personal or work property. Bullying can be perpetrated by one person, but it can also be a group effort.
Arizona’s Anti-Harassment Policies and Employer Obligations
The Arizona Civil Rights Act requires all employers to prevent and act against harassment in the workplace, in all employment aspects, including in recruitment, hiring, promotion, discharge, compensation, and other terms, conditions and privileges of employment. Employers and other covered entities must therefore maintain an anti-harassment policy within its equal employment opportunity policy and disseminate to all employees. The U.S. Equal Employment Opportunity Commission ("EEOC") recommends that anti-harassment policies include the following: The anti-harassment policy must be included or referenced in the employee handbook and be distributed to employees. Any harassing behavior, whether occurring between employees or between employees and non-employees, i.e., customers, vendors or subcontractors should be clearly prohibited in the policy. Employers also have a duty to take reasonable and appropriate action to prevent harassment after receiving a complaint of a hostile or abusive work environment. The EEOC also recommends that employers implement periodic anti-harassment training (at least every two years) in addition to training done upon hire or beginning employment. Employers with a serious commitment to preventing workplace harassment should consider providing anti-harassment training to all managers, supervisors and non-supervisory employees. Training for managers and supervisors typically covers appropriate investigation procedures when alerted to allegations of harassment and discrimination and educating employees on how to identify and report harassing behaviors.
Steps for Employees to Document Workplace Harassment
Should the harassment continue, the employee should continue to report the violations, so there is a history of the persistence of the alleged harassment. This will help the employer track the fact that it is indeed persistent and also because there is a pattern. Consistency is the key. Filing a complaint or grievance in writing is always the best practice when it comes to workplace harassment. Then when the employer fails that harassment continues that file shows the need for the employer to intervene sooner and not wait.
So, how do you file a complaint? The first thing to do is be familiar where the company keeps its policies about workplace harassment. Does the company have an Employee Handbook? Look at the Employee Handbook. Once the employee finds out where the company keeps its paperwork about workplace harassment, then the next step is to make a formal complaint about the harassment. When that is done, it is recommended that the employee keep a copy of it for his or her records. It can be helpful to preserve the filing date.
At times employees may file their sexual harassment complaint complaining of workplace harassment with their direct supervisor. But wait— is that someone the employee believes is treating him or her unfairly? Then it may not be the best initial step to mail or hand deliver that complaint to that person. A manager can be part of the problem and filing a complaint with someone who is part of the problem, well, that would not be the best way to get at the heart of the harassment, would it?
Instead consider filing a complaint with the next person up the chain of command. However, there can be some very errant managers out there. For example, a manager who turns out to be spouse or parent of the HR person, should not be the first place an employee complains. Instead, complain to the supervisor of the HR person. That way that inappropriate person on the top of the heap gets found out too.
This is about making sure that the company knows that it is a systemic problem. In other words, that the company from the top on down is guilty of acting badly, not just a wayward xerox.
LegalOptions and Employee Privileges
Victims of workplace harassment in Arizona may bring their claims to various local, state, or federal courts. As long as the harassing behavior has occurred over the course of employment (but does not have to be continuous), then a claim for harassment that violates Arizona or federal law may proceed.
The most common legal protections against workplace harassment, and subsequently, the federal laws under which victims of workplace harassment may file claims, are the Arizona Civil Rights Act (ACRA) and Title VII of the Civil Rights Act of 1964 (Title VII). Since these laws cover the same types of discrimination , the U.S. Equal Employment Opportunity Commission (EEOC) accepts workplace harassment claims under both laws.
As a result, when you file an EEOC complaint alleging workplace harassment based on an employment decision or if the harassing behavior is tied to a "protected class" (such as race, sex, age, sexual orientation, etc.), the complaint will be accepted under both the ACRA and Title VII.
If an employer is found to have violated these discrimination laws, they may face one, or a combination of the following awards:
Recent Developments in Arizona Workplace Harassment Law
Arizona’s laws on workplace harassment are continually evolving to address new challenges, trends, and societal changes. One recent trend is the expansion of protections for employees. As of January 1, 2023 employees can no longer agree to resolve workplace harassment claims in private arbitration. Arizona law now requires such claims to be brought in court. The change was made by adding a new subsections to A.R.S. §12-2601.
Another recent development is increased transparency requirements for employers. As of July 20, 2023, all employers must disclose the number and types of in-house trainings and educational materials provided to employees and supervisors regarding "unlawful discrimination, harassment and retaliation." A.R.S. §41-1464. Arizona law previously only required this disclosure of employers with more than 15 employees. This means that even employers with just one employee now must disclose what trainings and materials they provide.
These developments demonstrate Arizona’s commitment to ensuring a workplace free from harassment. It acknowledges that privately settled harassment claims are not publicly known and therefore is a step in the right direction toward informing the public about what alleged harassment claims are happening within Arizona workplaces.
Conclusion: Fostering a Safe and Respectful Work Environment
In conclusion, understanding Arizona workplace harassment laws is essential for employers to maintain a safe and respectful work environment for all employees. It is the employer’s responsibility to prevent harassment and discrimination in the workplace and to have a clear understanding of their reporting obligations and other legal requirements under the law. The article has outlined the definition of workplace harassment and the laws it is tied to in Arizona, as well as the various types of harassment. All employees should be aware of these different types of harassment so they can recognize problematic actions by others and know that they can bring such actions to the attention of a manager or supervisor or file a report with HR . As far as the federal laws go, it is important to keep in mind that harassment can occur even if an employee is not part of a protected class as defined by the EEOC, which means that any employee could potentially be a victim of such activity in the workplace. Any form of workplace harassment is unacceptable and can have a significant negative impact on the employee being targeted, the people who witness the behavior, and ultimately the employer. It can lead to lost productivity and lower morale, and the employer can become responsible for paying damages to the person who was harassed. Because of these potential outcomes, it is so important for employers to be proactive with their anti-harassment programs. This involves having a written anti-harassment policy in place at all times and ensuring new employees are adequately trained on the policy, and regularly reminding all employees of the policy and any additional additional training that is required.