Arizona National Origin Discrimination laws & HR compliance analysis

Arizona National Origin Discrimination: What you need to know

The Arizona Civil Rights Act prohibits employment practices that discriminate on the basis of national origin (AZ Rev. Stat. Sec. 41-1463 ). The Act covers employers with 15 or more employees. 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 his compensation, terms, conditions, or privileges of employment because of such individual's national origin.
• 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 national origin.
• Discriminate against any employee or applicant for employment because he or she has opposed any practice that is an 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 relating to employment indicating any preference, specification, or discrimination based on national origin, 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.
BFOQ. It is not an unlawful employment practice for an employer to hire an individual on the basis of the individual's national origin, when national origin 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 national origin). Such situations are rare, however, and employers should be very cautious about using ...

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