What is retaliation in the workplace?

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Arizona has no single general definition of workplace retaliation; instead, several statutes address it in specific contexts. The core definition appears in the minimum wage and earned paid sick time law.

General definition (wage and sick time law). Under A.R.S. § 23-364, "retaliation" means the denial of any right guaranteed under the minimum wage and earned paid sick time articles, and includes any threat, discharge, suspension, demotion, reduction of hours, or any other adverse action against an employee for exercising those rights — including sanctions against an employee who receives public benefits . It also includes interference with or punishment for participating in or assisting an investigation, proceeding, or hearing under those articles .

Prohibited conduct. It is unlawful for an employer or any other person to interfere with, restrain, or deny the exercise of any right protected under the earned paid sick time article . An employer may not retaliate or discriminate against an employee or former employee for exercising protected rights, which include requesting or using earned paid sick time, filing a complaint with the commission or courts, informing others about alleged violations, participating in investigations or hearings, and informing others of their potential rights . An employer's absence control policy may not count earned paid sick time as an absence leading to discipline, discharge, demotion, suspension, or other adverse action . These protections also cover a person who mistakenly but in good faith alleges a violation .

Presumption of retaliation. Taking adverse action against a person within ninety days of that person asserting a claim or right, assisting another in doing so, or informing others of their rights raises a presumption of retaliation, which the employer may rebut only by clear and convincing evidence that the action was taken for other permissible reasons .

Remedies. An employer who retaliates must pay an amount set by the commission or a court sufficient to compensate the employee and deter future violations, but not less than one hundred fifty dollars for each day the violation continued or until legal judgment is final . A civil action may be brought by a private injured party, and a prevailing plaintiff is entitled to reasonable attorney's fees and costs .

Other workplace contexts in the sources. The sources also address retaliation in narrower settings: public employees are protected from reprisal for good-faith written disclosures to a public body of violations of law, mismanagement, gross waste of monies, or abuse of authority ; licensed health care institutions must adopt policies prohibiting retaliatory action against health professionals who make good-faith internal reports or report to accreditation organizations or governmental entities ; and A.R.S. § 41-1492.10 prohibits discrimination against individuals who oppose unlawful practices or participate in investigations under that article .

Note that the landlord-tenant retaliation statutes in the sources (A.R.S. §§ 33-1381, 33-1491, 33-2148) concern housing, not the workplace, and are not covered here . The sources do not define "adverse action" beyond the examples listed above, and they do not provide a single definition covering all Arizona workplaces; for a situation outside these statutes, consult a licensed Arizona attorney .