Fired After You Complained About Discrimination? Retaliation Basics in Arizona and Federal Law

Chris Suffecool
Sep 9
3 min read

Short version: Retaliation happens when an employer punishes an employee for asserting workplace rights — such as complaining about discrimination or requesting a reasonable accommodation. Both federal law and the Arizona Civil Rights Act (ACRA) make retaliation unlawful, and employees have strong remedies if they act quickly.

What Counts as “Protected Activity”?

An employee is protected when they:

Oppose discrimination (e.g., complaining to a manager about sexist remarks, reporting unequal pay, refusing to follow an order they reasonably believe is discriminatory).
Participate in an investigation (filing an EEOC charge, serving as a witness in a co-worker’s case, cooperating with HR investigations).

Under the ADA, even requesting a reasonable accommodation (such as modified work duties or medical leave) is considered protected activity. Employers cannot lawfully fire, demote, or otherwise retaliate because of these actions.

What Actions Count as Retaliation?

Examples include:

Termination or demotion.
Pay cuts or denied raises.
Unjustified poor performance reviews.
Harassment or hostile treatment.
Blacklisting or negative job references.

Retaliation can be subtle — anything that would deter a reasonable employee from exercising their rights may qualify.

Filing Deadlines (Don’t Miss These)

EEOC (federal claims): In Arizona, which is a “deferral state,” most charges must be filed within 300 days of the retaliatory act.
Arizona Civil Rights Division (ACRA claims): A charge must be filed within 180 days.
Right-to-sue notice: Once issued, you generally have 90 days to file a lawsuit in federal or state court.

⚠️ Missing these deadlines can permanently bar your claim — so early action is critical.

Remedies for Retaliation

Employees who prove retaliation may recover:

Back pay (lost wages and benefits).
Front pay (future lost wages, if reinstatement isn’t feasible).
Compensatory damages (emotional distress, reputational harm).
Punitive damages (for egregious or malicious conduct, under federal law).
Attorney’s fees and costs (fee-shifting makes many retaliation claims economically viable).

How to Strengthen Your Case

Document everything: Keep a timeline of events, emails, texts, and witness names.
Request your personnel file: Arizona employees can often request access to employment records.
Compare treatment: Evidence that you were treated differently than similarly situated employees helps.
Act quickly: Consult an employment lawyer early to meet charge-filing deadlines.

Arizona vs. Federal Law

Title VII, ADA, ADEA, § 1981: Federal statutes that protect against retaliation for opposing discrimination.
Arizona Civil Rights Act (A.R.S. § 41-1464): Mirrors many of the same protections but with shorter charge-filing deadlines.
Arizona Minimum Wage Act (A.R.S. § 23-364): Includes its own anti-retaliation provisions if employees assert minimum-wage or paid sick leave rights.

Employees may file with both EEOC and ACRD at the same time; the agencies often have a work-sharing agreement.

Step-by-Step If You Think You Were Retaliated Against

Write down what happened (dates, comments, witnesses).
Preserve communications (emails, Slack/Teams messages, texts, performance reviews).
Consult an employment lawyer to decide whether to file with EEOC, ACRD, or pursue other claims.
File a timely charge (180 days under ACRA, 300 days for EEOC).
Consider related claims: For example, if your retaliation involved withheld pay, you may also have a wage claim under Arizona law.

FAQs

Q: I complained to HR about discrimination, and weeks later I was put on a performance improvement plan. Is that retaliation?

A: It can be. Courts look for a causal link — suspicious timing, inconsistent reasons, or deviations from policy can all support an inference of retaliation.

Q: Do I need direct proof, like an email saying I was fired for complaining?

A: No. Circumstantial evidence (timing, shifting explanations, inconsistent performance reviews) can be enough to support a claim, depending on the circumstances.

Q: Can I bring both federal and Arizona claims?

A: Often yes. Many employees dual-file with the EEOC and ACRD to preserve both sets of rights. Your lawyer can advise which forum offers the strongest remedies.

Bottom Line

Retaliation claims are some of the most powerful tools employees have under both federal and Arizona law — but only if they act within strict deadlines. If you’ve been punished for speaking up about discrimination or requesting a reasonable accommodation, document your experience and consult with an employment attorney right away.

If you believe your employer has not paid you what you are owed, see our post on Wage Claims.
If you believe you've been retaliated against based on reporting a potential violation of Arizona state law, see our post on the Arizona Employment Protection Act.
If you have questions on whether your time off is covered under the FMLA or ADA, see our post on FMLA vs. ADA.

Disclaimer: This post is for general information only and is not legal advice. Every case is unique — consult an attorney about your situation.