FEPA Discrimination Charge and Right-to-Sue Procedure — Arizona

FEPA Discrimination Charge and Right-to-Sue Procedure (ARIZONA)

Quick-Reference Summary

Part A — Pre-Filing Eligibility Memo

MEMORANDUM — PRIVILEGED AND CONFIDENTIAL — ATTORNEY WORK PRODUCT

I. Threshold Coverage Analysis

II. SOL Calculation

III. Forum / Dual-Filing Strategy

IV. ACRA Relief Estimate

V. Recommendation

[NARRATIVE — forum, dual-filing strategy, deadlines, evidence preservation]

Part B — Charge of Discrimination (ACRD Filing)

[DATE: __/__/____]

Filed via ACRD intake (https://www.azag.gov/civil-rights) AND U.S. Mail to ACRD, 2005 N. Central Avenue, Phoenix, AZ 85004

CHARGE OF DISCRIMINATION TO THE ARIZONA CIVIL RIGHTS DIVISION

Filed under oath pursuant to A.R.S. § 41-1481(A)

I. Bases of Discrimination (A.R.S. § 41-1463)

☐ Race ☐ Color ☐ Religion ☐ Sex ☐ Pregnancy (federal interpretation) ☐ Age (40+) ☐ National origin ☐ Disability ☐ Genetic test results ☐ Retaliation for opposing or participating in protected activity

II. Unlawful Employment Practice (A.R.S. § 41-1463(B))

☐ Failure or refusal to hire ☐ Discharge ☐ Discrimination in compensation, terms, conditions, or privileges of employment ☐ Limit, segregate, or classify employees ☐ Failure to accommodate disability (A.R.S. § 41-1463(F)(4)) ☐ Harassment / hostile work environment ☐ Retaliation

III. Statement of Particulars

1. Hire and Position. Charging Party was hired by [EMPLOYER] on [__/__/____] as a [JOB TITLE]. Direct supervisor: [NAME]. Most recent compensation: $[________].

2. Employer Size. On information and belief, Respondent employs approximately [____] persons, satisfying the 15-employee ACRA threshold.

3. Protected Class. Charging Party is a member of the following protected class(es) under ACRA: [____________].

4. Adverse Action. On or about [__/__/____], Respondent [DESCRIBE — discharged / demoted / failed to promote / harassed / denied accommodation / retaliated against] Charging Party.

5. Discriminatory Conduct.

   • [Incident 1 — date, location, actors, conduct, witnesses, documents]
   • [Incident 2 — date, location, actors, conduct, witnesses, documents]
   • [Incident 3 — date, location, actors, conduct, witnesses, documents]

6. Comparators. Similarly situated employees outside Charging Party's protected class were treated more favorably: [NAMES, CIRCUMSTANCES].

7. Notice / Internal Complaint. On [__/__/____], Charging Party reported the conduct to [HR / Supervisor]. Response: [____________].

8. Reasonable Accommodation (if applicable). On [__/__/____], Charging Party requested [accommodation]. Respondent [denied / failed to engage / granted then revoked].

9. Retaliation. After Charging Party engaged in protected activity on [__/__/____], Respondent retaliated by [adverse action] on [__/__/____].

10. Harm and requested relief. Lost wages and other effects of the alleged conduct: [DESCRIBE FACTS].

IV. Relief Requested

☐ Reinstatement
☐ Back pay
☐ Other appropriate equitable relief under A.R.S. § 41-1481(G): [DESCRIBE]
☐ Attorney's fees and costs (A.R.S. § 41-1481(J))
☐ Injunctive relief
☐ Expungement of disciplinary records

V. Cross-Filing Request

☐ Charging Party requests cross-filing with the U.S. EEOC under the EEOC-ACRD Worksharing Agreement to preserve Title VII / ADA / ADEA / GINA rights (and Bostock-based sexual orientation / gender identity protection where applicable).

VI. Verification

I declare under penalty of perjury and under the laws of the State of Arizona that the foregoing is true and correct.

______________________________
[CHARGING PARTY SIGNATURE]
Date: [__/__/____]

Sworn to and subscribed before me this [____] day of [________], [____].

______________________________
Notary Public, State of Arizona
My Commission Expires: [__/__/____]

Part C — Right-to-Sue Demand Letter

[DATE: __/__/____]

Via U.S. Mail (Certified, Return Receipt Requested — Article No. [________________]) AND Email

RE: Written Request for Right-to-Sue Letter — A.R.S. § 41-1481 — ACRD Charge No. [________________]

Dear ACRD:

Pursuant to A.R.S. § 41-1481, Charging Party [NAME] hereby requests issuance of a Notice of Right to Sue in the above-captioned matter.

Charging Party intends to commence any ACRA civil action after the notice required by A.R.S. § 41-1481(D) and no later than one year after the charge was filed. Please issue the notice at the earliest practicable date and confirm delivery in writing.

If this matter has been cross-filed with the U.S. EEOC under the EEOC-ACRD Worksharing Agreement, Charging Party simultaneously requests that ACRD coordinate with EEOC to issue a federal Notice of Right to Sue under 29 C.F.R. § 1601.28 to preserve Title VII / ADA / ADEA / GINA rights (including LGBTQ+ protection under Bostock v. Clayton County, 590 U.S. 644 (2020)).

Thank you for your prompt attention.

Respectfully,

______________________________
[CHARGING PARTY or COUNSEL]
[Firm, Address, Phone, Email, AZ Bar No.]

cc: [EMPLOYER / COUNSEL]; EEOC Phoenix District Office (if cross-filed)

Part D — Pre-Suit Civil Complaint (Arizona Superior Court)

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
IN AND FOR THE COUNTY OF [____________]

Case No.: [________________]

COMPLAINT
Arizona Civil Rights Act — A.R.S. §§ 41-1461 et seq.

Plaintiff [NAME], by and through undersigned counsel, alleges:

Jurisdiction, Venue, and Parties

1. Plaintiff [NAME] is an adult resident of [COUNTY], Arizona.
2. Defendant [EMPLOYER] is a [corporation/LLC] doing business in [COUNTY], Arizona, employing 15 or more persons.
3. Subject-matter jurisdiction is proper under A.R.S. § 41-1481(D) and § 12-123.
4. Venue is proper in [COUNTY] under A.R.S. § 12-401 because the unlawful acts occurred here and Defendant transacts business here.

Exhaustion of Administrative Remedies

5. On [__/__/____], Plaintiff timely filed a Charge of Discrimination with the Arizona Civil Rights Division within 180 days of the last discriminatory act (ACRD Charge No. [________________]).
6. On [__/__/____], ACRD issued a Notice of Right to Sue.
7. This Complaint is filed after the notice required by A.R.S. § 41-1481(D) and no later than one year after the Charge was filed. Any parallel Title VII count must separately satisfy the federal 90-day period following receipt of the EEOC notice.

Factual Allegations

8. [Hire date, position, supervisor, salary, performance]
9. [Protected class and disclosure]
10. [Discriminatory conduct]
11. [Internal complaint and response]
12. [Adverse action]
13. [Lost pay and other factual harm]

COUNT I — Discrimination in Violation of ACRA (A.R.S. § 41-1463(B))

14. Plaintiff incorporates the preceding paragraphs.
15. Defendant discriminated against Plaintiff on the basis of [protected class] in violation of A.R.S. § 41-1463(B).

COUNT II — Hostile Work Environment / Harassment

16. Plaintiff incorporates the preceding paragraphs.
17. Plaintiff was subjected to severe or pervasive harassment based on [protected class], in violation of A.R.S. § 41-1463(B).

COUNT III — Retaliation (A.R.S. § 41-1464)

18. Plaintiff incorporates the preceding paragraphs.
19. After Plaintiff engaged in protected activity, Defendant retaliated against Plaintiff in violation of A.R.S. § 41-1464.

COUNT IV — Failure to Accommodate Disability (A.R.S. § 41-1463(F)(4)) (if applicable)

20. Plaintiff incorporates the preceding paragraphs.
21. Defendant failed to make reasonable accommodations to Plaintiff's known disability without demonstrating undue hardship.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff demands judgment against Defendant:

A. Reinstatement or hiring, back pay, and other appropriate equitable relief under A.R.S. § 41-1481(G);
B. Attorney's fees and costs under A.R.S. § 41-1481(J), plus a discretionary fee request under § 12-341.01(A) only if a separate contested claim qualifies as arising out of contract;
C. Pre- and post-judgment interest, where authorized;
D. Injunctive relief, including appropriate policy changes;
E. Such other relief as the Court deems just.

JURY DEMAND

Plaintiff demands a trial by jury on all issues so triable pursuant to Ariz. R. Civ. P. 38.

CERTIFICATE OF COMPULSORY ARBITRATION (Ariz. R. Civ. P. 72)

Plaintiff certifies that this case [is / is not] subject to compulsory arbitration as set forth in Ariz. R. Civ. P. 72 because [damages exceed/do not exceed the county's arbitration limit].

Respectfully submitted,

______________________________
[COUNSEL NAME], Esq. (Bar No. [________])
[Firm, Address, Phone, Email]
Attorneys for Plaintiff

Dated: [__/__/____]

Part E — Pre-Filing Checklist

Immediately upon discriminatory act

☐ Calendar 180-day ACRD deadline and 300-day EEOC deadline.
☐ Preserve all evidence: emails, texts, performance reviews, write-ups, pay stubs, handbook.
☐ Write contemporaneous notes — dates, times, witnesses, words spoken.
☐ Identify witnesses; obtain written statements.
☐ Request personnel file in writing (Arizona has no statutory right; ask anyway).
☐ Do not sign any release or separation agreement without counsel review.

Coverage and forum analysis (Part A memo)

☐ Confirm employer has 15+ employees.
☐ Identify protected classes and adverse actions.
☐ Determine if claim involves sexual orientation/gender identity — if so, EEOC filing is critical (Bostock).
☐ Plan dual-filing strategy with EEOC.

Before filing ACRD charge (Part B)

☐ Complete ACRD intake (online or paper).
☐ Have charge notarized (sworn under oath per A.R.S. § 41-1481(A)).
☐ Submit via ACRD portal/email/mail.
☐ Request cross-filing with EEOC.
☐ Save copy of charge and confirmation.

During ACRD investigation

☐ Respond promptly to ACRD investigator information requests.
☐ Consider mediation if offered.
☐ Track new retaliatory acts and supplement charge.

Right-to-sue request (Part C)

☐ Send written request via Certified Mail.
☐ Save the ACRD notice and track the one-year outside limit from the charge filing date.
☐ Request EEOC RTSL if dual-filed.

Before filing Superior Court Complaint (Part D)

☐ File any ACRA action after the ACRD notice and no later than one year after the charge was filed.
☐ Verify venue under A.R.S. § 12-401.
☐ Pay filing fee or move in forma pauperis.
☐ Serve summons + complaint under Ariz. R. Civ. P. 4.
☐ Comply with compulsory arbitration certificate (Rule 72).
☐ Preserve jury demand under Rule 38(b).

Ongoing during litigation

☐ Litigation hold letter on documents and ESI.
☐ Document mitigation: job search log.
☐ Continue mental-health treatment; preserve medical records.
☐ Avoid social media posts about the case.

Sources and References

• Arizona Attorney General Civil Rights Division: https://www.azag.gov/civil-rights
• ACRD Discrimination filing: https://www.azag.gov/civil-rights/discrimination
• A.R.S. § 41-1461 (definitions): https://www.azleg.gov/ars/41/01461.htm
• A.R.S. § 41-1463 (unlawful employment practices): https://www.azleg.gov/ars/41/01463.htm
• A.R.S. § 41-1481 (charges; investigation; right to sue): https://www.azleg.gov/ars/41/01481.htm
• A.R.S. § 41-1482 (judicial review): https://www.azleg.gov/ars/41/01482.htm
• A.R.S. § 12-401 (venue): https://www.azleg.gov/ars/12/00401.htm
• EEOC Phoenix District Office: https://www.eeoc.gov/field-office/phoenix/location
• EEOC-ACRD Worksharing Agreement: https://www.eeoc.gov/employees/charge.cfm
• Bostock v. Clayton County, 590 U.S. 644 (2020)
• Arizona Rules of Civil Procedure: https://www.azcourts.gov/rules/Court-Rules