Employment Laws in Arizona

Definition of employee. An employee is an individual employed by an employer but does not include an elected public official of the state, or any person chosen by such officer to be on the officer's personal staff, or an appointee on the policy making level or an immediate adviser with respect to the exercise of the constitutional or legal powers of the office, unless the person or appointee is subject to the civil service laws of the state or any political subdivision of the state.

Definition of employer. An employer is 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 an employer but not the United States, any department or agency of the United States, corporation of the United States or an Indian tribe; or a bona fide private membership club (other than a labor organization) that is exempt from taxation under section 501(c) of the IRS code. However, to the extent that any person is alleged to have committed any acts of sexual harassment, "employer" means, for purposes of administrative and civil actions regarding such allegations of sexual harassment, a person who has one or more employees in the current or preceding calendar year. Not covered are religious corporations, associations, educational institutions or societies that employ individuals of a particular religion to perform work connected with such corporation, association, educational institution or society activities.

Prohibited employment discrimination. Discrimination in employment because of an individual's race, color, religion, sex, age (age discrimination prohibitions apply to individual who are at least 40), handicap, national origin, or genetic testing results is prohibited.

Recordkeeping requirements. Every employer that is covered by the state discrimination in employment prohibitions must make and keep records relevant to the determination of whether unlawful employment practices have been or are being committed, and they must make reports as prescribed by the Civil Rights Division of the Attorney General's Office. Compliance with the reporting and recordkeeping regulations issued by the United States Equal Employment Opportunity Commission is considered to be compliance with Arizona's recordkeeping requirements.

If an employer believes that any of the recordkeeping requirements would result in undue hardship, the employer may apply to the division for an exemption.

Posting requirements. Every employer must post and keep posted a notice prepared or approved by the Civil Rights Division. The notice must be displayed in conspicuous places on the employer's premises where notices to employees, applicants for employment and members are customarily posted.