Arizona Laws 23-425. Employee discharge or discrimination
A. No person shall discharge or in any manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this article or has testified or is about to testify in any such proceeding or because of the exercise by such employee on behalf of himself or others of any right afforded by this article.
Terms Used In Arizona Laws 23-425
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Commission: means the industrial commission of Arizona. See Arizona Laws 23-401
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Employee: means any person performing services for an employer, including any person defined as an employee pursuant to section 23-901, except employees engaged in household domestic labor. See Arizona Laws 23-401
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
B. Any employee who believes that he has been discharged or otherwise discriminated against by any person in violation of this section may within thirty days after such violation occurs, file a complaint with the commission alleging such discrimination. Upon receipt of such complaint, the commission shall cause such investigation to be made as it deems appropriate. If upon such investigation, the commission determines that the provisions of this section have been violated, it shall bring an action in any appropriate superior court against such person. In any such action the superior court shall have jurisdiction for cause shown to restrain violations of subsection A and order all appropriate relief including rehiring or reinstatement of the employee to his former position with back pay.
C. Within ninety days of the receipt of a complaint filed under this section the commission shall notify the complainant of its determination under subsection B.