Scottsdale Employment Lawyer

Generally 180 days to file with the Arizona Attorney General’s Civil Rights Division, or 300 days with the EEOC. There’s also a second deadline that catches people: a lawsuit under the Arizona Civil Rights Act has to be filed within one year of the date you filed your charge, no matter how long the agency takes. A state claim can expire while you’re still waiting on the agency, so it’s worth tracking both dates from the start.

Yes. The Arizona Civil Rights Act covers sexual harassment claims against employers with fewer than 15 employees, which federal law doesn’t reach. So someone at a small Scottsdale business may have a state claim for unwanted advances, sexual comments, or a hostile work environment even though Title VII doesn’t apply. Charges go to the Civil Rights Division of the Arizona Attorney General’s Office within 180 days, and any lawsuit has to be filed within one year of the charge.

Less than many people expect, because Arizona defines it by statute. Under the Arizona Employment Protection Act, a terminated employee can generally bring a claim only if the firing breached a written contract, violated a state statute, or was retaliation for certain protected conduct, such as refusing to break the law or reporting a violation. Claims outside those categories generally aren’t available. Most claims under the Act also have to be filed within one year.

Ask for the reason in writing and keep a record of your request. Under the ADA and the Arizona Civil Rights Act, employers with 15 or more employees generally have to provide a reasonable accommodation for a qualified employee’s disability unless it would cause undue hardship, and they’re expected to discuss alternatives rather than simply say no. Offering a different accommodation that still works is allowed. Refusing to engage at all is a common failure, and retaliating against you for asking is a separate violation.

It’s protected. During FMLA leave, your employer has to keep your group health coverage on the same terms as if you were working, and when you return, you’re entitled to the same job or an equivalent one with the same pay, benefits, and schedule. An employer can’t use your leave as a reason for discipline, a demotion, or a termination. If your role is changed or eliminated while you’re out, the timing alone can be significant, so document what changed and when.

Not legally. Federal law protects workers 40 and older at employers with 20 or more employees, and the Arizona Civil Rights Act extends age protection to employers with 15 to 19 employees. Age discrimination can look like being passed over for younger candidates, being singled out in a layoff, or being pressured to retire. If you’re offered severance in a group layoff, federal law requires the employer to tell you who was and wasn’t selected and to give you at least 45 days to consider the agreement.