Arizona Sex Discrimination laws & HR compliance analysis

Arizona Sex Discrimination: What you need to know

The Arizona Civil Rights Act prohibits employment practices that discriminate based on sex (AZ Rev. Stat. Sec. 41-1461 et seq.). Discrimination based on sex generally includes maternity, pregnancy, or related conditions. The Act covers employers with 15 or more employees for 20 or more weeks in the current or preceding calendar year. Employers with one or more employees are covered by the Act where sexual harassment is alleged to have occurred.
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Under the Act it is unlawful to:
• 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 gender.
• 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 gender.
• Print or publish any notice or advertisement for employment indicating any preference, specification, or discrimination based on gender, unless based on a bona fide occupational qualification (BFOQ).
• Discriminate against any employee or applicant in the admission to any apprenticeship or training program based on gender.
• 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.
BFOQ exception. Differences in treatment are permissible when sex is a BFOQ reasonably necessary to the normal operation of the particular business. Employment-related advertising indicating any preference, ...

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