Arizona (AZ) Gay Discrimination Law in the Workplace

August 18th, 2006 Posted by Savannah

Arizona Revised Statutes, Title 23, covers the discrimination in employment, which can be construed to mean those situations which involve gays and other persons based on sexual orientation. Arizona’s Executive Order 2003-22, prohibits any discrimination on the basis of any status or characteristic not directly based on performance in hiring, promotion, recruitment, wages, or tenure decisions. The Executive order states that “acts of sexual harassment or other harassment based on sexual orientation shall be a cause for discipline, up to and including termination of employment with the State.” Currently, Arizona is not one of states which cover private employment with specific sexual orientation discrimination laws.

In a recent Gallup poll, Americans strongly favored equal opportunity for gays and lesbians in the workplace. The purpose of the Employment Non-Discrimination Act, also known as ENDA, which is the first federal law to be proposed, would be to protect Americans who are fired or penalized due solely to their sexual preference.

In workplace conditions which, by the EEOC’s definition, creates “a hostile environment for persons of either gender, including same sex harassment,” which may include a wide range of direct and indirect practices or advances. Although it is the plaintiff’s obligation to justify and provide reasonable cause, these are serious and time-consuming cases for both parties.

Suits brought against employers must be filed in a timely-fashion, generally within one year, but has different interpretations depending on a number of qualifications, including those being filed under class action procedures. Knowing your rights under the existing Arizona laws is important, but stay informed of changing actions in both state and Federal legislation.

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Posted in Arizona, Employment Laws, Hostile Environment, Sexual Harassment

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