Employee Representation in Arizona
At Moosbrugger Law, we understand that nearly everyone must have gainful employment to survive and nearly every business needs employees. Employment is considered to be “at-will” in Arizona, so an employer can terminate an employee “at-will.” However, it is unlawful to terminate an employee due to race, gender, nationality, pregnancy, sex, age, disability, or any other protected class. We work with employees in Phoenix, AZ, and beyond to protect their rights and hold employers accountable for unlawful employment discrimination and workplace harassment.
Federal and State laws prevent employers from discriminating against applicants or employees based on their race, color, religion, sex, age, national origin, or disability when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoffs, training opportunities, fringe benefits, and any other term or condition of employment. Employers are also required to make certain religious and disability accommodations for their employees, and failure to do so can be considered discriminatory.
Race & Color Discrimination
Treating an applicant or employee negatively due to their race or characteristics associated with their race, like skin color, hair color/texture, and facial features is racial discrimination.
Treating someone differently because of their skin color complexion is color discrimination. This also goes for people who are married to or associated with a person of a certain race or color.
Discrimination is also possible when the victim and the perpetrator are of the same race or color.
If someone is mistreated due to religious beliefs, it’s called religious discrimination. There are laws in place to protect people of all faiths, not only traditional organized religions but also those who hold ethical and moral beliefs. People who are married to someone who is involved in a particular religion can also face discrimination.
Workplaces cannot segregate individuals due to religious beliefs or practices to keep them out of the public eye for fear of how the customers may react.
The law requires that employers reasonably accommodate an employee’s religious beliefs or practices unless it would be a major burden on the business. The employer may be required to make adjustments to the workplace to allow employees to practice their religion.
The ways an employer may have to provide accommodations could be flexible scheduling, swapping shifts, assigning jobs, and modifying some policies or practices.
Treating an applicant or employee differently because of their gender identity or sexual orientation is a violation of Federal law.
Age discrimination for people 40 or older is forbidden under The Age Discrimination in Employment Act (ADEA) and the Arizona Civil Rights Act. Workers under the age of 40 are not protected. However, it is not illegal for an employer to favor an older applicant over a younger one even if they are both over 40 years old.
Nation Origin Discrimination
Nation origin discrimination is when someone is treated unfavorably because of their ethnicity, accent, origin, or they appear to be part of a certain ethnicity although they are not. This includes spouses of people of a certain ethnicity and people who are of the same ethnicity can discriminate against their own ethnicity.
Disability discrimination is when an applicant or employee is treated unfavorably due to a disability. Disabilities include past major depressive episodes and physical or mental impairment, even if it is no longer present.
ADA Reasonable Accommodations
Reasonable accommodations must be provided to applicants and employees with a disability unless doing so would cause significant difficulty or expense for the employer. Reasonable accommodations include any change to the work environment to help a person with a disability apply for a job, perform the job duties, or enjoy the benefits of employment.
If you need assistance securing a reasonable accommodation or your employer denied a reasonable accommodation, contact Moosbrugger Law to find out how we can help.
The law forbids discrimination and harassment because of someone’s genetics. This includes information from genetic tests and any known information on risk for diseases and disorders.
Past/Present Military Service
People who have been or are currently in the military have the right to reemployment if they must leave to perform their service. They also have a right to be free from discrimination and retaliation and cannot be denied employment, promotions, etc., due to being in the military.
Workplace discrimination happens every day. If you think you are a victim of workplace discrimination, call us at 602-845-9733.
Workplace harassment is inappropriate conduct based on an individual’s race, color, religion, sex, national origin, age, disability, genetic information, or past/present military service.
Harassment includes (but is not limited to):
- offensive jokes
- epithets or name-calling
- physical assaults or threats
- ridicule or mockery
- insults or put-downs
- offensive objects or pictures
- interference with work performance
Frequent or severe teasing, offhand comments, or isolated incidents that lead to a hostile work environment, can also be considered harassment.
It is against the law to harass a person because of their sex.
Harassment can include:
- unwelcome sexual advances
- requests for sexual favors
- offensive remarks about a person’s sex or appearance
- a boss or coworker flirting or asking you out after you have declined
- emails, text messages, or photos of a sexual nature
- requesting sexual factors in exchange for career perks and promotions
- other verbal or physical harassment of a sexual nature
The harasser can be anyone the person comes in contact with at work: supervisor, another department supervisor, co-worker, or customer.
For professional representation, please call our office at at 602-845-9733 or send us a message and we will be in touch.
Monday – Friday
9:00 a.m. – 5:00 p.m.