If you have been the victim of workplace sexual harassment in Arizona, you may be able to pursue a claim against your employer.
There are state and federal laws in place to protect workers from sexual harassment while applying or interviewing for a job or while they are working for an employer.
If you have been the victim of workplace sexual harassment in Arizona, you should gather supporting evidence and speak with an employment law attorney about the matter. Be sure to familiarize yourself with the applicable laws.
What Arizona State Laws Protect Against Sexual Harassment?
In Arizona, workplace sexual harassment is considered illegal per the state laws as well as federal laws. It is considered sexual discrimination.
It can involve verbal, physical, or visual sexual misconduct that is pervasive and unwanted. It may include inappropriate touching, stalking, inappropriate comments or jokes, sexual bullying, or sexual confiding.
Any of these things can lead to a hostile work environment. It can involve male or female employees and supervisors. Whether the employer is automatically responsible for the workplace sexual harassment depends on if the employee is a supervisor or non-supervisor and whether the employer had control over that individual and was aware of the harassment and failed to act properly.
What is Considered Sexual Harassment?
Sexual harassment consists of an ongoing pattern and not a one-time event. You must document the situation and gather supporting evidence.
It may include unwelcome sexual advances, requesting sexual favors, and verbal or physical harassment of a sexual nature. Also, harassing an individual about their gender in general is prohibited.
The laws do not prohibit offhand comments, isolated incidents of a non-serious nature, or teasing. However, if it is an ongoing issue that leads to a hostile work environment, it may have crossed the line and become harassment.
How is it Covered by Law in Arizona?
Arizona prohibits workplace sexual harassment in the workplace or by any employers, labor organizations, or employment agencies.
These organizations are prohibited from trying to retaliate against a person who has opposed practices that were forbidden by the state employment laws or Title VII of the Civil Rights Act of 1964.
If an employee was sexually harassed against at work, then he or she can file a claim against the employer and ask to be compensated for any damages resulting from the incidents.
Where To File A Workplace Sexual Harassment Claim In Arizona
If you were working in Arizona when workplace sexual harassment occurred, make sure you file the claim in a timely manner and provide supporting documentation.
You should review your employee handbook because it will most likely have your company policy for pursuing a sexual harassment complaint.
If your employer does not detail a formal sexual harassment complaint process, you should still provide your employer with written confirmation of your complaint by talking with a supervisor or human resources (HR) staff member.
Provide copies of any evidence or documentation that you have, but be sure to keep the originals for your files and future reference.
Keep updated files by documenting your employer’s response, and if the issue doesn’t get satisfactorily resolved, take your claim to the next level, which is an agency that enforces Title VII, including the Equal Employment Opportunity Commission (EEOC).
A representative of the EEOC will investigate your claim and determine what happened. If they cannot get a satisfactory resolution to your claim, they will suggest you file a federal lawsuit against your employer.
How Long Do I Have To File A Sexual Harassment Claim In Arizona?
You have a statute of limitations for pursuing a claim against your employer for sexual harassment. In Arizona, you have 300 days from the date of the incident to pursue a claim against your employer.
This means you have only 300 days to notify the EEOC or governmental agency that is handling the matter regarding your specific situation.
Getting Help Filing A Sexual Harassment Claim in Arizona
If you are a victim of workplace sexual harassment in Arizona, you should consider consulting with an Arizona employment law attorney.
Employment law attorneys are knowledgeable about the state and federal laws that apply and will ensure your claim is filed in a timely manner and that you have provided all the essential supporting evidence and for you claim to succeed.
Additional Resources
- Employment Law Trends in 2023
- What is Sexual Harassment
- How to Report Sexual Harassment in the workplace