Arizona employment law covers many of the same topics as the federal employment law does, but in some cases goes a little further. Understand that although the Employee Handbook Templates website is not a legal authority our hope is to give you some insight to some of the employment laws that are enforced in Arizona.
The Arizona employment law does not force an employer to hire or promote the most qualified employee. There are often other reasons we may consider other than the one most qualified such as for their ability to be a team player. But in most cases, it is to the business owner’s advantage to offer this to the most qualified individual.
However, it is against the law to not hire or promote an individual based on personal characteristics that are not job related. This includes but is not limited to; Age, Race, Sex, Religion, National Origin, or Disability. The only possible exceptions to these would be if it was directly related to the job. As an example, a religious organization could limit hiring of their pastor to their specific religious beliefs. It is important that you review the current Arizona employment law practices often to make sure there haven’t been any changes.
During an employment interview according to Arizona employment law you are not permitted to ask certain questions that are not job related. To list just a few of these questions; Are you married? Are you planning on getting married? How many children do you have? Are you planning on having any children? Where were you born? Have you ever been arrested? Are you gay or what is your sexual orientation?
However, there are some questions that are permitted under Arizona employment law that could effective their job performance such as; Have you ever been convicted of a crime? Are you able to physically perform the position with or without reasonable accommodations? Are you able to prove you’re eligible to work in the United States?
Keep in mind that Arizona employment law does not require any business to have an employee handbook; however, it may be a good idea. A handbook helps to make sure that your employees have received and know your employment policies and serves as proof of both. One of the cautions in Arizona is that in certain circumstance if you change policies within your employee handbooks you may be required to insure your employees accept the changes and potentially compensate them for those modifications. As stated earlier the Employee Handbook Templates website strongly recommends you get legal advice from a licensed professional before making a final decision on producing an employee handbook.
If an employer makes sexual advances or statements that are…
The Arizona employment law also covers sexual harassment. The Arizona sexual harassment law provides for a business to be held liable to an employee for violations. If an employer makes sexual advances or statements that are true and held up, they could be held accountable. Of course, for what is referred to as “Quid pro quo” which is short means that if an employer offers job related benefits for sexual favors or conduct. One of the other violations would be if an employer maintains a very sexual work environment. Of course, all situations are different so a licensed attorney should be consulted to evaluate the circumstances.
Although it should go without stating Arizona employment law prohibits discrimination in regards to age, sex, race, national origin, disability, religion, pregnancy. It is considered illegal for an employer to discriminate any individual who fits into any of the above categories with regard to promotions, job assignments, wages or termination. In addition, an employer can’t terminate any employee for refusing to break a law, for filing a discrimination claim, a safety claim, and for taking Family Medical Leave.
I hope that this gives you a good taste of the Arizona employment law and how it can affect a business owner. The Employee Handbook Templates website hopes that this information has helped.
Thank you and may God bless you.