12 Dec Things you should know about filing a Discrimination Claim in Arizona
If you suspect that you are a victim of workplace discrimination in Arizona, you need to know what kinds of discrimination are against the state law, how to file a claim, the timelines, and much more. Read on t understand your rights as a victim of workplace discrimination in Arizona.
Types of discrimination against Arizona state law
Under the Arizona Civil Rights Act, it is against the law for an employer to discriminate on the basis of –
- physical disability
- national origin
Filing a discrimination claim
A workplace discrimination claim in Arizona, can be filed with –
- the state CRD(Civil Rights Division) in the state, OR
- the federal agency, the Equal Employment Opportunity Commission (EEOC),
If your workplace has between up to 14 employees and you are filing a sexual harassment claim, file with the CRD since the EEOC is a federal agency that covers only employers with 15 or more employees.
If you are a victim of workplace discrimination, file your claim within 180 days of the date you believe you were discriminated against. With the EEOC, you need to file within 300 days of the date you believe you were discriminated against. But do not delay filing your claim. You can consult with an employment law attorney before filing your claim.
What happens after filing?
If you are filing the claim with EEOC, you will get a copy of your charge with the charge number. Within 10 days, a notice and a copy of the charge will also be sent to the employer. Then the EEOC may decide to either –
- ask you and your employer to participate in a mediation program, OR
- ask your employer to answer to the charge and then the charge will be given to an investigator
The claim may be dismissed if it was not filed within the deadline or if the EEOC does not have jurisdiction.
If the EEOC decides to investigate, witnesses are interviewed and documents gathered. Upon the completion of the investigation, EEOC lets you and the employer know the result. If the EEOC concludes that there was no discrimination, you will receive a “Notice of Right to Sue” to allow you to file a lawsuit in a court of law. If the EEOC concludes that discrimination occurred, they will for a settlement with the employer. If a settlement can’t be reached, the case will be referred to the EEOC’s legal staff, who will decide whether or not a lawsuit should be filed by the EEOC. If the EEOC decides not to file a lawsuit, you will get a “Notice of Right to Sue.”
The investigation and resolution process, in case of filing a charge with the CRD, is quite similar to the EEOC process.
These legal complexities may overwhelm you. This is why it is a good idea to consult a employment discrimination lawyer before you pursue a discrimination case.