Ariz. Admin. Code § R2-5A-104 - Prohibition Against Discrimination, Harassment and Retaliation
A. General. Agencies shall comply with all
federal and state anti-discrimination laws. Agencies shall not unlawfully discriminate against any individual
with regard to the terms and conditions of employment, including hiring, pay, leave, insurance benefits,
retention, and rehiring. The information provided in this rule is intended to serve as a summary of agencies'
and employees' obligations with regard to compliance with applicable federal and state laws, rules and
regulations. Nothing in these rules shall be construed as providing rights in excess of, or in addition to
those authorized under federal laws and Arizona Revised Statutes.
B. Equal Employment Opportunity. Each agency shall provide equal employment
opportunity for all individuals regardless of race, color, national origin, religion, age, disability,
genetic information, sex (including sexual orientation and gender identity), pregnancy, military or veteran
status, or any other status protected by federal law, state law, or regulation. It is the policy of this
state that all individuals are treated in a fair and non-discriminatory manner throughout the application and
employment process.
C. Harassment Prohibited. Harassment of a
sexual nature or harassment based on any protected category is prohibited. An agency shall prohibit the
unlawful harassment of any employee in the course of the employee's work by supervisors, coworkers, or third
parties, such as vendors or customers. Any employee who engages in unlawful harassment may be subject to
disciplinary action, up to and including termination of employment.
D. Protection from Retaliation. The state prohibits retaliation against
anyone for raising a concern about, assisting in an investigation of, or filing a complaint concerning
unlawful discrimination or unlawful harassment.
E. Complaints.
1. An applicant for state employment who has a complaint alleging
discrimination or harassment may file a complaint under the procedures in R2-5A-308.
2. It is every employee's responsibility to promptly bring any allegation
of discrimination, harassment or retaliation to the attention of the employing agency. Such complaints shall
be filed under the procedures established under Article 9.
Notes
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