Unlawful Harassment is generally defined as unwelcome conduct based on a person’s membership in protected class or because of a protected characteristic. For example, unwelcome conduct (including speech) that is offensive and targets you because of your race,
religion, or gender may constitute unlawful harassment. In most instances the law requires the plaintiff or employee to prove the unwelcome conduct was “severe and pervasive”. In other words, the law generally requires that the conduct needs to be sufficiently severe in nature and must have occurred on more than one occasion. In most cases, an isolated incident where a co-worker or supervisor makes a single offensive comment will not suffice. However, if the sole incident involves egregious or severe misconduct, such as actual or threatened physical violence, or some other extremely offensive behavior, that may be sufficient to establish a claim.

Before filing a lawsuit for unlawful harassment you are required to file administrative charges with the Equal Employment Opportunity Commission or the corresponding state Agency. In Arizona you can file administrative charges with the EEOC or the Arizona Civil Rights Division. Because the requirements for filing an administrative charge and filing a lawsuit are time sensitive, you are strongly encouraged to contact the EEOC, ACRD or an attorney as soon as possible to discuss your potential claims.