Arizona Age Discrimination laws & HR compliance analysis

Arizona Age Discrimination: What you need to know

Under the Arizona Civil Rights Act, it is an unlawful employment practice for an employer to discriminate against an individual who is 40 years of age or older. The Act covers all employers with 15 or more employees (AZ Rev. Stat. Sec. 41-1461 et seq.). Under the Act, it is unlawful to:
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• Refuse to hire or to discharge any individual or to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment because of the individual's age.
• Limit, segregate, or classify employees or applicants for employment in any way that would deprive any individual of employment opportunities or otherwise adversely affect the individual's status as an employee because of the individual's age.
• Discriminate against any employee or applicant for employment because he or she has opposed any practice that is unlawful or has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under the Act.
• Print or publish any notice or advertisement for employment indicating any preference, specification, or discrimination based on age, unless based on a bona fide occupational qualification (BFOQ) for employment.
• Discriminate against any employee or applicant in the admission to any apprenticeship or training program on the basis of age.
BFOQ. It is not an unlawful employment practice for an employer to hire an individual on the basis of the individual's age when age is a BFOQ reasonably necessary to the normal operation of that particular business or enterprise (e.g., hiring actors to portray individuals of a certain age or hiring persons to advertise goods designed for a specific age group). Such situations are rare, ...

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