Phoenix Now Prohibits Sexual Orientation, Gender Identity and Disability Discrimination

Author: Beth P. Zoller, Brightmine Legal Editor

Arizona employers take note - the Phoenix City Council has passed a measure prohibiting employers from discriminating against lesbian, gay and transgender individuals, as well as individuals with disabilities. The Ordinance G-5780 goes into effect on March 26, 2013. It applies to all employers within Phoenix city limits with at least one worker.

The Phoenix Equal Opportunity Department will enforce the law and investigate complaints. Employers that violate the ordinance may face criminal prosecution and fines up to $2,500.

Arizona state law does not currently prohibit sexual orientation or gender identity discrimination, although Tucson has an ordinance similar to Phoenix.

The portion of the ordinance prohibiting disability discrimination intends to extend the protection of the federal Americans with Disabilities Act and equivalent state law to the city.

Advice for Employers

As a result of this new ordinance, Phoenix employers should immediately update their employment policies and practices to include a zero tolerance policy for discrimination based on sexual orientation, gender identity and disability. Further, employers should train employees and supervisors on the new law. Finally, employers must take all discrimination complaints based on sexual orientation, gender identity and disability seriously, and follow up with an investigation and the necessary corrective measures.