Title 41 — State Government

This article does not apply to: 1. Any elected state official. 2. Chief advisors who maintain a direct, confidential and advisory relationship with: (a) The governor. (b) The secretary of state. (c) The attorney general. (d) The state treasurer. (e) The state mine inspector. (f) …

A. When there is a vacancy in the office of ombudsman-citizens aide, or within twelve months before the expiration of the term of office, the ombudsman-citizens aide selection committee is established consisting of: 1. Two members of the senate appointed by the president of the s…

A person may not serve as ombudsman-citizens aide within one year of the last day the person served as a state elected officer. As minimum qualifications, the ombudsman-citizens aide shall be a resident of this state for at least six months, shall be at least twenty-five years of…

A. The office of ombudsman-citizens aide is established. B. The ombudsman-citizens aide who is appointed and approved under section 41-1373 shall serve full time and shall be a public officer subject to the conflict of interest provisions of title 38, chapter 3, article 8. C. The…

A. The ombudsman-citizens aide shall: 1. Investigate the administrative acts of agencies pursuant to section 41-1377, subsections A and B except as provided in section 41-1377, subsections C, D and E. The ombudsman-citizens aide shall investigate the administrative acts of an age…

A. In addition to the powers and duties prescribed in section 41-1376, the ombudsman-citizens aide shall appoint one assistant who is an attorney to help the ombudsman-citizens aide investigate complaints relating to public access laws involving an agency and complaints and compl…

A. On receiving a complaint the ombudsman-citizens aide may investigate administrative acts of agencies that the ombudsman-citizens aide has reason to believe may be: 1. Contrary to law. 2. Unreasonable, unfair, oppressive, arbitrary, capricious, an abuse of discretion or unneces…

A. All complaints shall be addressed to the ombudsman-citizens aide. If an agency receives correspondence between a complainant and the ombudsman-citizens aide, it shall hold that correspondence in trust and shall promptly forward the correspondence, unopened, to the ombudsman-ci…

A. If an opinion or recommendation of the ombudsman-citizens aide is critical of a person or agency, the ombudsman-citizens aide shall first consult with the person or agency before rendering the opinion or recommendation. A preliminary opinion or preliminary recommendation is co…

A. A civil action may not be brought against the ombudsman-citizens aide or the staff of the ombudsman-citizens aide for any action or omission in performing the duties under this article except for gross negligence or intentional wrongful acts or omissions except as provided in …

The ombudsman-citizens aide and the staff of the ombudsman-citizens aide may express a private opinion, may register to vote as to party and may vote but may not engage in any other political activity. If the ombudsman-citizens aide or any staff member or employee of the ombudsma…

A person who knowingly hinders the lawful actions of the ombudsman-citizens aide or the staff of the ombudsman-citizens aide or who knowingly refuses to comply with their lawful demands is guilty of a class 1 misdemeanor.

A. There is created the civil rights division within the department of law which shall include the Arizona civil rights advisory board. The board shall be composed of seven members who shall be appointed by the governor. Not more than four of the members shall at any one time be …

A. The division may: 1. Employ an executive director for the board and other necessary personnel whose compensation shall be as determined pursuant to section 38-611. 2. Subject to the provisions and restrictions of this chapter, cooperate with and enter into agreements with the …

A. In connection with the investigation of a charge filed under this chapter, the division or its duly authorized employees shall at all reasonable times have access to, for the purpose of examination, and have the right to copy any evidence of any person being investigated, if t…

This chapter does not provide any basis for a claim by an individual without a disability that the individual was subject to discrimination because of the individual's lack of disability.

[Repealed or reserved.]

A. A citizen of the United States who is a resident of this state, who is qualified to become an elector as prescribed by the terms of section 16-101 and who is otherwise qualified by law to vote at any election by or in this state or any county, city, town, school district or ot…

In this article, unless the context otherwise requires: 1. "Person" means an individual, corporation, partnership, unincorporated association, or other organization, and includes the owner, lessee, operator, proprietor, manager, superintendent, agent, or employee of any place of …

A. Discrimination in places of public accommodation against any person because of race, color, religion, sex, national origin or ancestry is contrary to the policy of this state and shall be deemed unlawful. B. No person, directly or indirectly, shall refuse to, withhold from or …

A mother is entitled to breast-feed in any area of a public place or a place of public accommodation where the mother is otherwise lawfully present.

A. A public entity that constructs a new restroom that is accessible to the public in a public building or that totally renovates an existing restroom that is accessible to both men and women and to the public in a public building shall: 1. Include in at least one restroom in eac…

In this article, unless the context otherwise requires: 1. "Auxiliary aids and services" includes: (a) Qualified interpreters or other effective methods of making aurally delivered materials available to individuals with hearing impairments. (b) Qualified readers, taped texts or …

This article does not apply to an employer with respect to the employment of aliens outside any state or to a religious corporation, association, educational institution or society with respect to the employment of individuals of a particular religion to perform work connected wi…

A. Nothing contained in this article shall be interpreted to require that the less qualified be preferred over the better qualified simply because of race, color, religion, sex, age or national origin or on the basis of disability. B. It is an unlawful employment practice for an …

A. It is an unlawful employment practice for an employer to discriminate against any of the employer's employees or applicants for employment, for an employment agency or joint labor-management committee controlling apprenticeship or other training or retraining programs, includi…

The age discrimination prohibitions in this article are limited to individuals who are at least forty years of age.

A. The prohibition against discrimination based on a disability includes medical examinations and inquiries. Except as provided in subsection B, paragraph 2, a covered entity shall not conduct a medical examination or make inquiries of a job applicant as to whether the applicant …

Under this article and article 6 of this chapter, in determining what functions of a job are essential, consideration shall be given to the employer's judgment as to what functions of the job are essential, and if the employer has prepared a written description of the job before …

A. A person shall define and construe a disability in favor of broad coverage of individuals under this article to the maximum extent permitted by the terms of this article. B. A person shall interpret substantially limits consistently with the findings and purposes of the ADA am…

A. Any person, referred to as the charging party, claiming to be aggrieved by an alleged discriminatory practice or act contrary to article 2 or 3 of this chapter may, within one hundred eighty days from the date of the alleged practice or act, file with the division a verified c…

1. Actual and compensatory damages, including damages for emotional distress. 2. Court costs. 3. Preventive relief, including a permanent or temporary injunction, a restraining order or any other order against the person responsible for a violation of section 41-1421 or 41-1442. …

A. A charge under this section shall be filed within one hundred eighty days after the alleged unlawful employment practice occurred. A charge is deemed filed on receipt by the division from or on behalf of a person claiming to be aggrieved or, if filed by a member of the divisio…

A. Every employer, employment agency and labor organization subject to article 4 of this chapter shall make and keep such records relevant to the determination of whether unlawful employment practices have been or are being committed, preserve such records for such periods and ma…

A. Every employer, employment agency and labor organization shall post and keep posted in conspicuous places upon its premises where notices to employees, applicants for employment and members are customarily posted a notice to be prepared or approved by the division setting fort…

In any action or proceeding based on an alleged unlawful employment practice, no person shall be subject to liability or punishment for or on account of the commission by such person of an unlawful employment practice if he pleads and proves that the act or omission complained of…

In this article, unless the context otherwise requires: 1. "Aggrieved person" includes any person who either: (a) Claims to have been injured by a discriminatory housing practice. (b) Believes that the person will be injured by a discriminatory housing practice that is about to o…

In this article, a discriminatory act is committed because of familial status if the act is committed because the person who is the subject of discrimination is: 1. Pregnant. 2. Domiciled with an individual younger than eighteen years of age in regard to whom the person either: (…

A. Except as provided in subsection B of this section, sections 41-1491.14 through 41-1491.21 do not apply to: 1. The sale or rental of a single family house sold or rented by an owner if: (a) The owner does not: (i) Own more than three single family houses at any one time. (ii) …

A. This article does not prohibit a religious organization, association or society or a nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society from: 1. Limiting the sale, rental or occupa…

A. The provisions of this article relating to familial status do not apply to housing for older persons. B. The attorney general may adopt rules setting forth criteria for housing for older persons. The rules adopted for subsection D, paragraph 3 shall require the following facto…

This article does not prohibit a person engaged in the business of furnishing appraisals of real property from taking into consideration factors other than race, color, religion, sex, disability, familial status or national origin.

A. This article does not affect a reasonable local or state restriction on the maximum number of occupants permitted to occupy a dwelling or a restriction relating to health or safety standards. B. This article does not affect a requirement of nondiscrimination in any other state…

The attorney general shall administer this article.

The attorney general may adopt interpretive and procedural rules necessary to implement this article.

The attorney general shall receive, investigate, seek to conciliate and act on complaints alleging violations of this article.

A. The attorney general shall publish annually a written report recommending legislative or other action to carry out the purposes of this article. This report shall contain, for the preceding fiscal year, the following information: 1. The number of complaints initiated by the at…

The attorney general shall cooperate with federal fair housing agencies and, as appropriate, may provide technical and other assistance to federal, state, local and other public or private entities that are formulating or operating programs to prevent or eliminate discriminatory …

The attorney general may issue subpoenas and compel the production of documents and the giving of testimony, as provided by section 41-1403.

A. The attorney general may defer proceedings under this article and refer a complaint to a city or town with a population of three hundred fifty thousand or more persons according to the 1990 United States decennial census that has been recognized by the United States department…