Workplace harassment is prohibited in Arizona. When an employee feels that they have been harassed in the workplace, they can file a civil rights complaint with the Civil Rights Division of the Attorney General’s Office within 180 days of the alleged discrimination.
A worker who has been harassed can also file a civil lawsuit against the harassing individual, their employer, or both. This can be a serious threat to an employer, especially if they did not condone or know about the harassment.
For Arizona employers, it is vital to understand the state’s workplace harassment rules and take a proactive approach to preventing this harassment.
Keep Protected Classes in Mind
Several classes of employees are protected classes in Arizona. This means that you — or someone you employ — cannot legally fire, hire, punish, or reward an employee based on their membership in one of the classes. Classes protected from employment discrimination in Arizona include:
- Gender
- Race
- Color
- National origin
- Disabled individuals
- People who are pregnant
- Workers who are 40 years old or older
- Religion
Furthermore, you can’t legally retaliate against a worker who has legally reported inappropriate activity within your workplace. This group is known as whistleblowers, and they are protected from any type of retaliation.
Additionally, Arizona requires employers to inform protected employees of their rights. This means that you will need to place an easily readable poster in a conspicuous, well-lit place in your business. This poster — or a copy of it — must be visible to all employers, job seekers, potential union members, and patrons.
Understand How Subordinates Can Impact Your Risk
Responsibility typically falls on the person at the top of the chain. In terms of harassment, this means that if one of your subordinates is harassing someone, you are responsible as their employer, even if you weren’t aware of the harassment.
This is a risk that’s inherent in running a business. However, there are ways to mitigate that risk. Perhaps the best way to mitigate this risk is to have robust anti-harassment policies in place.
These policies should be fully described in your employment handbook, and every employee should be instructed on how to follow them. As employees gain additional authority, they should receive further instruction.
An experienced business law attorney can help you create these policies. Having an attorney participate in the creation of these policies means you are less likely to unintentionally violate state or federal laws in the process.
Act Quickly When Harassment Is Reported
What should you do if an employee reports that they are being harassed? First, you will want to contact a corporate law attorney. This can help you safeguard your business while you investigate the issue. But you also need to protect the employee who made the accusation.
You should ensure that the employee and the alleged harasser do not interact until an investigation has been completed. This may mean that you have to transfer someone or even put someone on leave.
Generally, you need to avoid taking any actions that the accuser can consider to be retaliation. At the same time, you shouldn’t do anything to the accused that will harm their career in the long run. Until you know whether the allegations are true, both parties represent a risk to your business if you take punitive action against them.
Let Your Lawyer Communicate With All Parties
As much as you might want to express sympathy, now is not the time to get directly involved. Any statements or actions you take could be seen as choosing a side or admitting to guilt. Let your lawyer act in your stead.
Cooperate With Any Investigations
A harassment complaint can result in investigations by an attorney hired by the accuser or even by the attorney general. While an employee can put your business in the crosshairs, cooperating with any investigations is one of the best ways to show that your business doesn’t support any form of harassment in the workplace.
Prevent Future Accusations
Once the accusation has been resolved, determine what allowed the situation to occur in the first place. You might explore these questions:
- Was there a breakdown in the hiring process?
- Is your anti-harassment training deficient?
- Do employees feel unsafe reporting problematic behavior, allowing the harasser to get away with things they shouldn’t have?
Answering these key questions can help you prevent a similar situation from happening again in the future.
Speak to a Seasoned Corporate Lawyer Today
Preventing harassment at your company is always better than responding to a harassment complaint. But whether you are looking to develop policies to prevent workplace harassment or address an existing complaint, a corporate lawyer can help.
At Ernst, Brown & Draper (EBD), our experienced team can help you build a positive corporate environment and safeguard your Arizona business against risk. Contact us to get started today.
