How to File a Sexual Harassment Complaint in Arizona

The employees of Arizona enterprises are supposed to be able to work in an environment that is free of sexual harassment and other forms of discrimination as well. Arizona employment laws require employers in the state to have policies addressing sexual harassment, discrimination, and retaliation.

Included in the policy should be a provision to the effect that the company forbids the sexual harassment of employees. Neither managers, supervisors, colleagues, nor third parties, e.g., clients and contractors, should engage in it.

The Arizona Civil Rights Act protects employees in Arizona from sexual harassment. It applies to all enterprises that have 1 or more employees. It applies equally to small businesses and large corporations across the state. Of course, federal law also applies in Arizona and prohibits sexual harassment.

In Arizona, the legal definition of harassment is “conduct that is directed at a specific person and that would cause a reasonable person to be seriously alarmed, annoyed or harassed.” In part, the definition depends on whether the victim feels alarmed, annoyed, or harassed. If the victim does not entertain those feelings, the conduct would not be harassment.

It is interesting to note that in some situations in Arizona, harassment might be a class 1 misdemeanor or a class 5 felony. An individual who believes they have been harassed might want to consult with an attorney about reporting it to law enforcement.

An Arizona employer should have a policy that explains what the company does if an employee submits a complaint about sexual harassment to the employer. The response of the employer should entail the following:

• Responding to the employee within a reasonable amount of time
• Documenting its investigation and taking appropriate steps in response to the results
• Handling the case as confidentially as possible
• Assuring employees that they will not experience retaliation for complaining about harassment
• Not retaliating against any other person involved in the investigation of an employee’s complaint
• Relying on qualified personnel to handle the complaint competently and fairly
• Resolving the case in a timely manner.

How Do I Know if Am I Victim of Sexual Harassment in the Workplace?

Of course, a working individual has to recognize the conduct in their workplace that constitutes sexual harassment. If an employee believes that they are subjected to sexual harassment at work, e.g., because their supervisor has demanded sexual favors in exchange for a promotion, but they are not certain, they would want to consult an Arizona attorney for guidance.

In Arizona, any of the following three situations would give an employee grounds for claiming that they are the victim of hostile work environment sexual harassment at their job:

• Another individual at the worksite makes advances, engages in conduct, or makes comments that are unwelcome.
• The harassing actions target the victim because of their gender.
• This harassment is severe or pervasive enough to change the conditions of employment.

The requirement that the harassment be severe or pervasive is an important qualification. To justify a complaint, harassment has to be more than trivial. Or, it has to happen more often than just occasionally. The harassment has to be severe and pervasive.

To determine whether harassment is of the type to justify a complaint, an employer or a court considers all of the available evidence. They would ask whether a reasonable person in the position of the complaining employee would feel harassed.

• Talk, gestures, comments, or jokes about sex,
• Exhibiting pornography or other sexual content in the workplace,
• Inappropriate touching, and/or
• Sexual propositions.

For example, a female employee may feel harassed when a colleague directs sexually explicit comments at her and then “runs into” her when she walks down a hallway in the building where they work. Her colleague has done this repeatedly over a period of 12 to 16 months, and by the time she files a complaint, she finds it interferes with her ability to do her job.

If an individual has been a victim of sexual harassment in their workplace in Arizona, they would have to follow certain procedures to make a claim. They want to maintain a file of evidence to show what happened, how it happened, who witnessed it, and how they responded to the actions.

An employee will be able to help the cause of obtaining relief from harassment if they create a detailed record of the harassment as follows:

• Reporting: An employee wants to make a detailed report of each incident of sexual harassment to their employer as may be required by the policy with which they were provided. Their reports should include the names of others who may have witnessed the harassment. They should, of course, keep copies of everything they give their employer, as well as every communication they receive from their employer in connection with the issue.
• Document: An employee should carefully and thoroughly document every instance of sexual harassment. They want to note the day and time of each incident. No incident is too trivial to note, as even an incident that may seem trivial alone could be used to show a pervasive pattern of harassment.
• Retain Any Proof: An employee wants to keep any and all proof of the sexual harassment. For example, they want to keep inappropriate videos, photographs, emails, text messages, voicemails, memos, and handwritten notes. An employee should not make a recording of conversations unless they have gotten the consent of every participant. To do so risks violating Arizona law regarding recording conversations.
• Do Not Comment on the Situation on Social Media: Posting content about the harassment online means that it is not private and might be used against the person who posts it. So, an employee wants to keep information off social media and discuss it only to the extent that they know the communication will be kept confidential by a trustworthy confidant.

What Are the Different Kinds of Sexual Harassment Claims?

Under both Arizona and federal law, there are two types of workplace sexual harassment as follows:

• Hostile work environment sexual harassment and
• Quid pro quo sexual harassment.

An employee may complain to their employer, state, and federal agencies or file a lawsuit claiming either or both types. A victim might experience both types.

Can I Sue My Employer if I’m a Victim of Sexual Harassment in the Workplace?

As noted above, sexual harassment violates both Arizona and federal law. A person who has been sexually harassed in Arizona may file a claim against their employer with the federal government’s Equal Employment Opportunity Commission (EEOC) or the Arizona Civil Rights Division, and then, if appropriate, sue their employer for sexual harassment.

If an employee who has suffered sexual harassment works for an employer who has 1 to 14 employees, they are required to file a complaint with the Arizona Civil Rights Division. They must do this within 300 days from the last day of the incident.

If an employer has 15 or more employees, they must submit their complaint to the federal Equal Employment Opportunity Commission within 180 days of the date of the incident.

A charge of discrimination is investigated by the agency with which it is filed. If a charge cannot be resolved by the agency, then the person who filed the complaint may file a sexual harassment lawsuit.

An individual files a sexual harassment lawsuit in the superior court of the county in which the harassment occurred. The employee is the plaintiff in the case, and the employer is the defendant. The plaintiff must then prove either quid pro quo or hostile environment harassment in order to win an award of damages.

Do I Need a Lawyer to File a Sexual Harassment Claim?

If sexual harassment is making your life at work intolerable, you want to talk to a sexual harassment lawyer in Arizona. LegalMatch.com can quickly connect you to a lawyer who can review the facts of your case and advise you as to whether the harassment you are enduring may be the basis for a complaint.

Your lawyer can guide you through the process of complaining to your employer, state and federal agencies, and a lawsuit if you go that route. You are most likely to meet with success if you have an experienced lawyer on your side.