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Discrimination

Phoenix Discrimination Attorney

30 Years Fighting for Phoenix Employees. AV Preeminent Rated.

Not every employer follows the law. When a supervisor or company treats you unfairly because of who you are, your civil rights may have been violated, and you may have options. At Yen Pilch Robaina & Kresin, our employment lawyers have represented Phoenix-area clients in employment law matters for more than 30 years. We handle discrimination claims for employees in both private and public roles, including government and federal employees. Every client works directly with their attorney from first contact through resolution and isn't passed among staff.

Workplace discrimination cases are time-sensitive. Delay can compromise evidence and cause you to miss filing deadlines that may not be extended. We offer confidential consultations so you can discuss your situation before deciding how to proceed, and we may pursue financial compensation for the discrimination our clients have suffered where supported by the facts and the law.

Call Yen Pilch Robaina & Kresin today at (602) 833-0220 or contact us online to schedule a consultation with our Phoenix discrimination attorney.

What Is Employment Discrimination in Phoenix?

Workplace discrimination occurs when an employer treats an employee or job applicant unfavorably because of a legally protected personal characteristic. Discrimination can be intentional, known legally as disparate treatment, or it can result from a facially neutral policy that disproportionately harms a protected class, known as disparate impact. Both can be actionable under federal and Arizona law.

Arizona is an at-will employment state, but at-will status doesn’t give an employer the right to terminate or take adverse action against an employee based on protected characteristics. If an employer allows or contributes to discrimination in the workplace, they may be violating the law, and their employees may have recourse.

Understanding Arizona’s Anti-Discrimination Laws

In Arizona, the Arizona Civil Rights Act provides the primary state-level framework protecting employees from workplace discrimination. It mirrors many federal protections and, for sexual harassment claims, may apply to employers with even one employee, making its coverage broader than federal law in certain claim types. The Arizona Civil Rights Act works alongside Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA) to protect employees regardless of race, color, religion, sex, age, disability, or national origin. The Arizona Attorney General’s Civil Rights Division enforces the Arizona Civil Rights Act and accepts employment discrimination complaints from Phoenix-area employees.

Before filing a federal discrimination lawsuit, employees must first file a charge with the EEOC, which has a field office serving Phoenix. The filing deadline is generally 180 days from the discriminatory act, extended to 300 days when a state agency enforces a law prohibiting the same type of discrimination. Because the Arizona Civil Rights Division enforces the Arizona Civil Rights Act on the same protected-class basis as the EEOC, the 300-day window applies in most Arizona workplace discrimination cases. We follow changes in state and federal employment rules and share those updates with clients so decisions are based on current law, not outdated assumptions.

Common Forms of Workplace Discrimination

Discrimination can occur at any stage of employment, including hiring, assignment, pay, promotion, performance evaluation, and termination. Following the U.S. Supreme Court’s decision in Bostock v. Clayton County, sexual orientation and gender identity discrimination are also protected under federal law. Protected categories under state and federal law include:

These forms of discrimination can result in unmerited demotions, missed promotions, biased evaluations, and wrongful termination. If you believe you’ve experienced discrimination at work, speak with a workplace discrimination attorney at Yen Pilch Robaina & Kresin.

Can I Sue My Employer for Discrimination?

If you’ve been treated unfairly because of a protected characteristic such as race, gender, age, religion, or disability, you may have the right to sue your employer. The process involves several steps before a lawsuit can be filed.

The Process Before Filing Suit

Start by reporting the discrimination internally through your company’s complaint procedures. Filing internally creates a record and may be required before escalating to an agency or court. If the problem remains unresolved, you can submit a formal complaint to the EEOC or the Arizona Attorney General’s Civil Rights Division. Either agency may investigate and attempt to resolve the matter through mediation. A right-to-sue letter from the EEOC or the Arizona Civil Rights Division is a prerequisite to filing a federal or state discrimination lawsuit in court.

If agency processes don’t resolve the matter, civil litigation may be the next step. A workplace discrimination attorney at our firm can help you navigate that path and advocate for your interests. We represent clients through the full process: internal complaint, EEOC or Arizona Civil Rights Division charge, mediation, and civil litigation if needed. We evaluate which forum fits the facts, the law, and each client’s tolerance for time and cost, and we discuss risks, timelines, and realistic outcomes before advising whether to settle, continue, or change course.

Damages That May Be Available

In a successful discrimination claim, recoverable damages may include back pay and lost wages, loss of employment benefits, job search expenses following discriminatory termination, diminished future earning capacity, medical and counseling costs, emotional distress where available under applicable law, and attorney fees where permitted by statute. Reinstatement to a prior position may also be available where an employee was terminated due to protected-class membership.

What Is Employer Retaliation?

Retaliation occurs when an employer takes adverse action against an employee for reporting discrimination, participating in an investigation, or opposing unlawful workplace conduct. Common examples include pay cuts, reduced hours, demotion, and termination, but retaliation isn’t limited to overt acts. Unjustified poor performance reviews, exclusion from critical meetings, and being passed over for promotion can all constitute retaliation in Phoenix.

Retaliation is a separately cognizable claim under Title VII and the Arizona Civil Rights Act and can be pursued even if the underlying discrimination claim is difficult to prove. We handle retaliation claims alongside discrimination claims and represent clients in Phoenix-area courts, mediation, and arbitration. If you think you’ve been retaliated against, don’t wait to contact a discrimination attorney.

What to Do If You Are Experiencing Workplace Discrimination

  • File a Formal Complaint: Your first step should be to file an internal complaint through your employer’s procedures. Doing so creates a record and may be required before you can escalate to an agency or court. In some cases, the employer responds appropriately and the problem may stop there. If the discrimination continues, you may have the documentation needed to move forward.
  • Document Your Experiences: Written records are critical to building a discrimination case. Preserve emails, performance records, witness names, and dated notes of incidents. Anything that demonstrates a pattern of discriminatory treatment can strengthen your position. In the hands of our employment lawyers, thorough documentation can be important.
  • Contact a Phoenix Workplace Discrimination Lawyer: Reach out to an attorney as early as possible. Doing so preserves your options and can help reduce the risk that EEOC and state agency deadlines aren’t missed. We review documents, timelines, and options with you rather than rushing through conversations, which can mean fewer surprises as your case moves forward.

Discrimination cases involve overlapping federal and state rules, agency procedures, and strict deadlines. A workplace discrimination attorney in Phoenix can evaluate your documentation, explain how the law applies to your specific situation, and outline the available path forward.

What Types of Discrimination Does Yen Pilch Robaina & Kresin Handle?

Our workplace discrimination attorneys handle the full range of protected-class claims for employees in both private and public roles, including government and federal employees. Yen Pilch Robaina & Kresin holds an AV Preeminent rating from Martindale-Hubbell, reflecting peer evaluation of legal ability and ethics by other lawyers and judges. Our attorneys have handled employment matters in the United States Court of Appeals for the Ninth Circuit, the Arizona Supreme Court, and Arizona appellate and trial courts. We serve clients across the Phoenix metro area, Glendale, Scottsdale, and surrounding Valley communities.

  • Racial Discrimination: Race-based discrimination can include unequal pay, denial of advancement opportunities, or differential treatment based on national origin or language. These practices may violate both Title VII and the Arizona Civil Rights Act.
  • Gender Discrimination: Gender discrimination includes pay disparities, denial of promotions, and a hostile work environment. Women are also frequently subjected to sexual harassment by coworkers or those in positions of authority.
  • Disability Discrimination: Employers who refuse to provide reasonable accommodations required by the Americans with Disabilities Act or who terminate employees because of a disabling condition may be liable for discrimination.
  • Religious Discrimination: Employees are protected against mistreatment based on sincerely held religious beliefs, including the failure to provide reasonable religious accommodations.
  • Pregnancy Discrimination: Treating an employee differently because of pregnancy, childbirth, or related medical conditions may be prohibited under federal and Arizona law.

Employment discrimination is part of a focused employment law practice that also covers wage disputes, harassment, retaliation, wrongful termination, and contract issues, so clients can address a wide range of workplace concerns with one firm.

Local Resources for Discrimination Victims in Phoenix

Phoenix employees facing workplace discrimination have two primary agency paths available before or alongside litigation. The EEOC has a field office serving Phoenix where employees can file charges of discrimination and seek information about their rights. The Arizona Attorney General’s Civil Rights Division accepts employment discrimination complaints under the Arizona Civil Rights Act and can investigate and attempt mediation on behalf of complainants.

Both agencies have strict filing deadlines, and procedural missteps can affect your legal options down the road. We guide clients through the agency complaint process as part of our representation, and our experience in Arizona state and federal forums informs how we evaluate which path fits each client’s situation. Contacting a workplace discrimination attorney before filing with an agency can help ensure every procedural requirement is met correctly.

Get the help you need from an experienced discrimination lawyer. Fill out our online form without delay.

Frequently Asked Questions

How Long Do I Have to File a Discrimination Claim in Phoenix?

For most Phoenix employees, the operative deadline to file a federal discrimination charge with the EEOC is 300 days from the date of the discriminatory act. This extended window applies because the Arizona Attorney General’s Civil Rights Division enforces the Arizona Civil Rights Act on the same protected-class basis as the EEOC, triggering the 300-day period in most Arizona workplace discrimination cases. The baseline 180-day deadline applies only where no state agency enforces a parallel law, which is uncommon in Arizona. If you’re pursuing a claim directly through the Arizona Civil Rights Division under the Arizona Civil Rights Act, different timing rules may apply. Consulting a Phoenix discrimination attorney at Yen Pilch Robaina & Kresin early is the safest course. Evidence and witness accounts become harder to preserve as time passes, so prompt action matters.

What Evidence Do I Need to Prove Workplace Discrimination?

Strong discrimination cases are built on documented evidence. Key categories include written communications such as emails or memos suggesting bias, witness testimony from colleagues who observed the treatment, performance records that contradict any stated justification for adverse action, records showing differential treatment of similarly situated employees, and any documented complaint history. An attorney can help you identify and preserve evidence before it becomes unavailable and assess which evidence is most relevant to the type of discrimination you experienced. Contact a workplace discrimination attorney at Yen Pilch Robaina & Kresin as soon as possible.

Contact Our Phoenix Discrimination Attorney Today

Workplace discrimination and retaliation aren’t just unacceptable. In most cases, they may be illegal. The employment lawyers at Yen Pilch Robaina & Kresin are committed to fighting for clients who have experienced discrimination or retaliation at work.

These violations can cause direct financial harm, including lost wages and lost benefits, as well as less visible harm such as emotional distress and a hostile work environment. Both types of harm may be actionable, and you may have a right to compensation under Arizona and federal law.

If your employer has discriminated against you, don’t accept that treatment. Our Phoenix discrimination attorneys can fight for the rights provided by state and federal law. Contact us today or call (602) 833-0220 to discuss your claim.

What Sets Us Apart

  • Caring and Compassionate
    We care about our clients as if they were our family, showing them care and compassion throughout the entire process.
  • We Work Hand in Hand with Our Clients
    We work closely with our clients to address their needs and find favorable solutions to their employment-related, personal injury and estate planning issues.
  • Experienced Attorneys Ready to Fight for You
    The experienced Phoenix employment lawyers of Yen Pilch Robaina & Kresin PLC understand what it takes to achieve results for our clients.
  • Trusted for Over 30 Years
    Our firm brings a high level of experience to each and every matter, and we have helped clients secure millions of dollars in total settlements and verdicts.
Meet Our Team

Client Testimonials

    “This office is a great resource”
    “As an educator working for a non-union Charter School, I did not not who to turn to when my principal started improper practices with teachers during COVID19. We were shocked he would treated us so poorly during a pandemic.”
    B. Burton
    “He is extremely intelligent”
    “Mr Robaina was a God sent.”
    Anthony H.
    “I would recommend this firm for any employment cases.”
    “Very friendly and welcoming folks there. The attorney listened to my situation with great interest, and offered excellent legal advice.”
    Preston J.
    “Our case was resolved in a manner favorable”
    “Ed Robaina and his team represented my company during a very difficult lawsuit against a deep-pocket company represented by one of the largest law firms in the southwest. Robaina's team was very professional, always prepared, and very patient with us.”
    Tod W.
    “They are honest and trustworthy”
    “I have hired Robaina and Kresin on several occasions over the last ten years. Their service has been professional and complete with attention to detail.”
    Brent W.
    “We need more lawyers like you.”
    “I am a doctor at a federal agency who was discriminated against. Edmundo Robaina took my case at short notice, just a few weeks before the hearing, reviewed thousands of pages, conducted interviews efficiently, and led the case effectively to a very suc”
    Medical Doctor
    “I requested and received a top notch legal defense”
    “Robaina and Kresin represented me as a defendant in an employment discrimination case. Because the allegations were extremely harmful to my reputation and not true, it was not a case that could be settled. I requested and received a top notch legal defe”
    Bruce H.
    “I would highly recommend Mr. Kresin to others.”
    “David Kresin is intelligent, intuitive, quick to assimilate information and strategic in his thinking.”
    Michael R.

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