Tempe, Arizona Adopts Antidiscrimination Ordinance

Authors: Beth P. Zoller and Marta Moakley, XpertHR Legal Editors

March 7, 2014

The City of Tempe, Arizona recently passed an antidiscrimination ordinance that prohibits employment discrimination based on race, color, gender, religion, national origin, familial status, age, disability, US military veteran status, sexual orientation and gender identity. Tempe employers (with one or more employees), labor organizations and city contractors are covered by the ordinance. However, the ordinance excludes certain organizations from coverage, including religious organizations or certain associations and social clubs.

Although an employer that violates the ordinance is subject to a civil sanction, which includes a stiff fine of up to $2,500, the ordinance contains conciliation provisions that aim to educate businesses about discriminatory practices and to eliminate any prohibited practice without having to resort to the imposition of a fine.

In commenting on the amended ordinance, Tempe Mayor Mark Mitchell stated, "We are open for business. We don't discriminate." The ordinance had been supported by members of the lesbian, gay, bisexual and transgender ("LGBT") community and the civil rights advocacy organization Lambda Legal.

Although three other cities in Arizona - Flagstaff, Phoenix and Tucson - also have laws against this type of discrimination, no such prohibition exists under Arizona state law or federal law. In fact, the amendment follows on the heels of Arizona Governor Jan Brewer's veto of religious freedom legislation (SB 1062) that would have exempted individuals and businesses from a state law, including any requiring public accommodation, if the law substantially burdened the exercise of religion. This had been viewed by opponents as a way to deny certain rights (e.g., service) to the LGBT community.

Jennifer C. Pizer, Senior Counsel and Law and Policy Project Director at Lambda Legal, informed XpertHR that "statistics confirm that discrimination remains widespread in Arizona . . . it will still require legislation at the state and federal level to secure consistent equal opportunity norms that resolve the confusion we saw last week regarding SB 1062."

The Tempe ordinance will become effective on March 29, 2014. The nondiscrimination provisions will appear in a new Article VIII of the Tempe City Code. An employer should ensure that all managers and supervisors are aware of these new municipal law requirements.

Before that time, Tempe employers should review and revise their employment policies and practices to prohibit discriminatory practices as outlined in the ordinance. Pizer advises employers to implement inclusive workplace policies, because "a positive policy leads to positive business."