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. Damages 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. Damages. Lost wages, emotional distress, medical expenses — amount to be determined.

IV. Relief Requested

☐ Reinstatement
☐ Back pay and front pay
☐ Compensatory damages
☐ Punitive damages (Title VII caps where federal claim parallels)
☐ 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 a civil action in the Superior Court of Arizona within the 90-day window provided by A.R.S. § 41-1481(D) after receipt of the Right to Sue Notice. 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 within 90 days of Plaintiff's receipt of the Right-to-Sue Notice, as required by A.R.S. § 41-1481(D).

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. [Damages]

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. Compensatory damages including back pay, front pay, and emotional distress damages;
B. Punitive damages (subject to applicable caps);
C. Attorney's fees and costs under A.R.S. § 41-1481(J) and § 12-341.01;
D. Pre- and post-judgment interest;
E. Injunctive and equitable relief — reinstatement, expungement, training, policy reform;
F. 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 Right-to-Sue Notice and the date of receipt — this triggers the 90-day clock.
☐ Request EEOC RTSL if dual-filed.

Before filing Superior Court Complaint (Part D)

☐ File within 90 days of receipt of ACRD Right-to-Sue Notice.
☐ 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