Sex Discrimination / Sexual Harassment
Sex discrimination is when an employer treats an employee differently because of the employee’s sex, sexual orientation, or gender. Some examples include:
- Being treated differently because of your sex, sexual orientation or gender by an employer or a co-worker
- Inappropriate comments regarding sex, orientation or gender that are ongoing
- Denial of promotion due to sex, gender or orientation
- Harassment or discriminatory conduct on the basis of sex that is reported internally but remains ongoing and unresolved
- Wrongful termination due to sex, gender or sexual orientation
Sexual harassment is a form of sex discrimination. Sexual harassment is unwanted sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature that creates an intimidating, hostile, or offensive work environment. An employer cannot condition job benefits or advancements on the employee's performance of sexual favors.
In Arizona, you can sue for sexual harassment under the Arizona Civil Rights Act ("ACRA") if your employer has only one employee:
Not only is sex discrimination and sexual harassment in the workplace illegal but an employer cannot retaliate against an employee for reporting, complaining of, or opposing conduct that the employee reasonably believes constitutes sex discrimination or sexual harassment.
Previously, a retaliation claim only applied to employers with more employees, but, starting on September 23, 2022, an employee will be able to pursue a retaliation lawsuit against an employer with only one (1) employee as well if the employee can show that he or she was retaliated against for filing a complaint of sex harassment.
The new definition of “employer” under ARS 41-1461(6) includes “A person who has one or more employees in the current or preceding calendar year and any agent of that person, to the extent that the person is alleged to have: (i) committed any act of sexual harassment. (ii) discriminated against anyone for opposing sexual harassment or making a charge, testifying, assisting or participating in any manner in an investigation, proceeding or hearing arising from sexual harassment.