Arizona Return to Office Mandate 2026
⚠️Informational only — not legal or tax advice.
Last Updated: January 2026
Applicable Period: 2026 and current employment regulations
Key Characteristic: Pending state employee mandate legislation (SB 1237) and private sector employer considerations under at-will employment framework in Arizona
Table of Contents
- Introduction
- Applicable Legal Framework - Arizona
- Competent Government Agencies
- Applicable Statutes - Compilation
- Reasonable Accommodations - Official Framework
- Official Complaint Process
- Published Official Documents
- Absence of Specific Private Sector RTO Legislation
- Resources
- Frequently Asked Questions
Introduction
Arizona’s return to office mandate currently refers to pending legislation affecting state government employees. Senate Bill 1237, passed by the Arizona Senate on February 27, 2025, by a vote of 17-12, would prohibit remote work for full-time state employees except in limited circumstances such as illness. As of January 2026, this bill has not been signed into law and does not apply to private sector employers. Private sector employment in Arizona operates under the state’s at-will employment framework, subject to anti-discrimination laws and reasonable accommodation requirements.
This guide compiles official information published by the Arizona Attorney General’s Civil Rights Division, Arizona Department of Economic Security, Arizona Legislature, and other government agencies regarding Arizona’s employment laws as they may apply to return to office situations, employee rights under state and federal anti-discrimination statutes, and accommodation processes under the Arizona Civil Rights Act and Americans with Disabilities Act.
Sources: Arizona Legislature, Arizona Attorney General’s Civil Rights Division, Arizona Department of Economic Security, U.S. Equal Employment Opportunity Commission Phoenix District Office, Arizona Revised Statutes
Applicable Legal Framework -Arizona
1.1 At-Will Employment Doctrine
According to Arizona Revised Statutes § 23-1501:
“The employment relationship is severable at the pleasure of either the employee or the employer unless both the employee and the employer have signed a written contract to the contrary setting forth that the employment relationship shall remain in effect for a specified duration of time or otherwise expressly restricting the right of either party to terminate the employment relationship. Both the employee and the employer must sign this written contract, or this written contract must be set forth in the employment handbook or manual or any similar document distributed to the employee, if that document expresses the intent that it is a contract of employment, or this written contract must be set forth in a writing signed by the party to be charged.”
Source: Arizona Revised Statutes § 23-1501
Official text available at: https://www.azleg.gov/ars/23/01501.htm
Last amended: Multiple amendments through 2025
Arizona Revised Statutes § 41-741 defines at-will employment for state employees:
“‘At will’ means an employment relationship where either party to the relationship may sever the relationship at any time for any reason other than an unlawful reason.”
Source: Arizona Revised Statutes § 41-741
Available at: https://www.azleg.gov/ars/41/00741.htm
Protection from retaliatory discharge: Arizona law provides specific protections against wrongful termination. According to A.R.S. § 23-1501, an employee may have a claim against an employer for termination only if:
- The employer terminated employment in breach of an employment contract
- The employer terminated employment in violation of a statute of Arizona
- The employee refused to commit an act or omission that would violate the Arizona Constitution or Arizona statutes
- The employee disclosed in a reasonable manner information or a reasonable belief that the employer violated or is violating Arizona law
- The employee exercised rights under workers’ compensation statutes
- Several other statutorily protected activities
Key point for return to office contexts: Under Arizona’s at-will employment framework, private sector employers may generally change workplace policies, including requiring employees to return to office, unless such changes violate anti-discrimination laws, disability accommodation requirements, employment contracts, or collective bargaining agreements.
1.2 Pending State Employee RTO Legislation – Senate Bill 1237
Document: Senate Bill 1237 (57th Legislature, 1st Regular Session)
Sponsor: Senate President Warren Petersen (R-Gilbert)
Status: Passed Arizona Senate February 27, 2025 (vote: 17-12, along party lines); pending in Arizona House of Representatives as of January 2026
Available at: https://www.azleg.gov/legtext/57leg/1R/bills/SB1237.htm
Summary available at: https://www.azleg.gov/legtext/57leg/1R/summary/H.SB1237_030725_RO.DOCX.htm
Key provisions of SB 1237 (if enacted):
According to the official House Bill Summary dated March 7, 2025:
“Prevents an FTE from working remotely, except as authorized by a supervisor when the FTE employee is sick.”
“Directs each state agency to require an FTE perform all job duties at the agency’s office during regular work hours.”
“States that an FTE performing site visits, inspections or other services at a location other than the state agency’s office is exempt from the prohibition against working remotely if the FTE is providing the services during regularly scheduled work hours.”
“Establishes that virtual meetings and conference calls are not remote work.”
Source: Arizona Legislature House Bill Summary SB1237
Date: March 7, 2025
Available at: https://www.azleg.gov/legtext/57leg/1R/summary/H.SB1237_030725_RO.DOCX.htm
Important limitations of SB 1237:
- Applies only to state government employees: This bill, if enacted, would apply only to full-time employees (FTEs) of Arizona state agencies. Private sector employers are not covered by this legislation.
- Not yet law: As of January 2026, SB 1237 has not been enacted into law. The bill passed the Arizona Senate but was pending in the Arizona House of Representatives. Multiple sources indicated the bill was likely to receive a veto from Governor Katie Hobbs if passed by both chambers.
- Exception for illness: The only explicit exception in the bill allows supervisors to authorize remote work when an employee is sick.
- Field work exemption: Employees whose job duties require them to work at locations other than the agency office (such as inspectors, field workers) would be exempt from the in-office requirement while performing those specific duties.
1.3 Background on Arizona’s Telework Program
According to the official House Bill Summary for SB 1237:
“Arizona’s Telework Program began initially as a pilot program in the 1990s as a means to improve Arizona’s air quality through alternate travel mode and travel reduction measures (A.R.S. § 49-588). All agencies, boards and commissions were authorized to phase in a telecommuting program administered by the Arizona Department of Commerce Energy Office (Executive Order 93-4). Later the program was placed under the Arizona Department of Administration. The most recent change in 2003 mandates that every state agency, board and commission implement the Telework Program with a goal of 20% of employees in Maricopa County actively participating (Executive Order 2003-11).”
“Prior to March 2020, fewer than 10% of State employees worked remotely. As of December 31, 2024, 15,909 employees, 41% percent of the State of Arizona workforce worked remotely, either full-time from a virtual office or on a periodic telecommuting schedule.”
Source: Arizona Legislature House Bill Summary SB1237
Available at: https://www.azleg.gov/legtext/57leg/1R/summary/H.SB1237_030725_RO.DOCX.htm
Historical context:
- Executive Order 93-4: Authorized telework program for air quality improvement
- Executive Order 2003-11: Mandated telework implementation with 20% participation goal in Maricopa County
- Pre-pandemic (before March 2020): Less than 10% of state employees worked remotely
- Current (December 31, 2024): 41% of state employees work remotely (15,909 employees)
Fiscal impact of remote work:
According to reporting on SB 1237, the Arizona Department of Administration (ADOA) estimates that:
- Remote work has saved the state approximately $32 million annually in rent costs
- An additional $58.6 million in deferred maintenance costs have been avoided since fiscal year 2021
- The state would need approximately 1.5 million square feet of office space to accommodate a full return-to-office mandate
- This would require “significant expenditures for state-owned buildings and increased leased space”
Source: Multiple news sources citing ADOA spokesperson statements, 2025
1.4 Private Sector Employers – No State RTO Mandate
Legislative research results:
As of January 5, 2026, searches of the Arizona Legislature website (https://www.azleg.gov) reveal:
No specific statutes enacted governing return to office mandates for private sector employers.
Search conducted:
- Website: Arizona Legislature (azleg.gov)
- Date: January 5, 2026
- Search terms: “return to office”, “remote work mandate”, “telework requirements”, “work from home”
Result: No relevant legislation identified affecting private sector employers’ ability to implement return to office policies.
General employment framework applies to private sector:
Private sector employers in Arizona operate under the following legal framework:
- At-will employment (Arizona Revised Statutes § 23-1501)
- Anti-discrimination laws (Arizona Civil Rights Act, Title 41, Chapter 9, A.R.S.)
- Federal anti-discrimination laws (Title VII, ADA, ADEA, etc.)
- Reasonable accommodation requirements (Arizona Civil Rights Act, ADA)
- Anti-retaliation protections (A.R.S. § 23-1501, Arizona Civil Rights Act)
- Employment contracts (if applicable)
- Collective bargaining agreements (if applicable)
Key point: In the absence of specific return to office legislation, private sector employers in Arizona may generally require employees to return to office, subject to the legal requirements listed above.
Competent Government Agencies
2.1 Arizona Attorney General – Civil Rights Division
The Arizona Attorney General’s Civil Rights Division enforces Arizona civil rights laws and investigates discrimination complaints in employment, housing, public accommodations, and voting.
Official information:
Primary office (Phoenix):
- Address: 2005 N. Central Avenue, Phoenix, AZ 85004
- Telephone: (602) 542-5025
- Toll-free: (877) 491-5742
- TDD: (602) 542-5002
- Fax: (602) 542-8885
- Website: https://www.azag.gov/civil-rights
Southern Arizona office (Tucson):
- Address: 400 West Congress, South Building, Suite 315, Tucson, AZ 85701-1367
- Telephone: (520) 628-6500
- Toll-free: (877) 491-5740
- TDD: (520) 628-6872 / (877) 881-7552
- Fax: (520) 628-6765
Function: According to the Arizona Attorney General’s website:
“The mission of the Civil Rights Division of the Arizona Attorney General’s Office is to enforce civil rights laws, increase public awareness of civil rights, provide dispute resolution services, and offer community services throughout the State. The Division’s major duty is to enforce state statutes that prohibit discrimination in employment, voting, public accommodations, disability and housing by investigating and litigating civil rights complaints.”
Source: Arizona Attorney General’s Office
Available at: https://www.azag.gov/civil-rights
What the Civil Rights Division does:
According to the Civil Rights Division FAQ:
“The Arizona Attorney General’s Civil Rights Division (Division) enforces the Arizona civil rights laws known as the Arizona Civil Rights Act (ACRA). The ACRA protects Arizonans from unlawful discrimination in employment, housing, voting, and public accommodations.”
Source: Arizona Attorney General’s Civil Rights Division FAQs
Available at: https://www.azag.gov/civil-rights/faq
Online complaint intake:
The Civil Rights Division provides an online intake system for filing discrimination complaints.
Available at: https://www.azag.gov/civil-rights (see “File a Complaint” section)
Publications on return to office: As of January 2026, the Civil Rights Division has not published specific guidance on return to office mandates. However, the Division enforces general employment discrimination and disability accommodation laws that may apply to RTO situations.
2.2 Arizona Department of Economic Security (DES)
The Arizona Department of Economic Security administers various employment-related programs and provides information on employment rights and unemployment benefits.
Official information:
Main office:
- Address: 1789 W. Jefferson Street, Phoenix, AZ 85007
- Website: https://des.az.gov
- General information: (602) 542-4296
Discrimination complaint information:
According to the DES website:
State Level – Arizona Attorney General (AG), Civil Rights Division
- Address: 2005 N. Central Avenue, Phoenix, AZ 85004
- Phone: (602) 542-5025
- Website: https://www.azag.gov/civil-rights
Federal Level – Equal Employment Opportunity Commission (EEOC)
- Address: 3300 N. Central Avenue, Suite 690, Phoenix, AZ 85012
- Phone: 1-800-669-4000
- Fax: (602) 640-5071
- TTY: (800) 669-6820
- ASL Video Phone: (844) 234-5122
- Website: https://www.eeoc.gov
Source: Arizona Department of Economic Security
Available at: https://des.az.gov/how-do-i/file-discrimination-complaint
Return to work guidance:
The Arizona DES published guidance titled “Returning to work – Guidance for employers and employees” which addresses unemployment benefit eligibility when returning to work. This guidance primarily addresses unemployment insurance issues rather than return to office rights, but provides relevant context for employment decisions.
Available at: https://des.az.gov/returning-work-guidance-employers-and-employees
Key provision from DES guidance:
“Under federal and state law, refusing a suitable offer of work or refusing to return to work when your employer calls you back typically makes you ineligible to receive unemployment benefits.”
Source: Arizona Department of Economic Security
Document: Returning to work – Guidance for employers and employees
Available at: https://des.az.gov/returning-work-guidance-employers-and-employees
Note: This guidance addresses unemployment benefit eligibility, not employment discrimination or accommodation rights.
2.3 Arizona Department of Administration (ADOA)
The Arizona Department of Administration oversees state personnel systems and state government human resources functions.
Official information:
Main office:
- Address: 100 N. 15th Avenue, Suite 400, Phoenix, AZ 85007
- Website: https://hr.az.gov
- General information: (602) 542-5482
Function: ADOA administers the state personnel system and provides oversight for state employee matters. According to reporting on SB 1237, ADOA is responsible for state property management and would be tasked with implementing any state employee return to office mandate.
State employee telework program: ADOA historically administered Arizona’s telework program for state employees, as described in Section 1.3 above.
Note: ADOA oversees state government employment, not private sector employment. Private sector employers should consult the Arizona Attorney General’s Civil Rights Division or EEOC for employment law information.
2.4 U.S. Equal Employment Opportunity Commission (EEOC) – Phoenix District Office
The EEOC enforces federal employment discrimination laws including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the Equal Pay Act, and the Genetic Information Nondiscrimination Act (GINA).
Phoenix District Office information:
Address: 3300 N. Central Avenue, Suite 690, Phoenix, AZ 85012
Location details: According to the EEOC Phoenix District Office website:
“The office is located at the SW corner of Central & Osborn. There is a light rail stop directly across from the building and a parking garage behind the building. We do not validate parking tickets.”
Telephone:
- General information: 1-800-669-4000
- TTY (for Deaf/Hard of Hearing): 1-800-669-6820
- ASL Video Phone: 1-844-234-5122
- Local office phone: (602) 661-0002
- Email: phoenix.intake@eeoc.gov
Jurisdiction: The Phoenix District Office has jurisdiction over Arizona, Colorado, Utah, Wyoming, and parts of New Mexico.
Source: EEOC Phoenix District Office
Available at: https://www.eeoc.gov/field-office/phoenix/location
Lobby hours:
- Monday through Friday: 8:00 a.m. to 4:00 p.m.
- Interviews conducted every day except Wednesdays
- Last appointment: 2:30 p.m.
- Walk-ins accepted but appointments recommended
Filing a charge online:
The EEOC Public Portal allows individuals to file charges of discrimination online:
EEOC Public Portal: https://publicportal.eeoc.gov/portal/
According to the EEOC Phoenix District Office:
“You are encouraged to visit the EEOC Public Portal (https://publicportal.eeoc.gov/) to schedule an intake appointment by telephone, by video or in-person.”
Source: EEOC Phoenix District Office
Available at: https://www.eeoc.gov/field-office/phoenix/location
Important deadline information:
According to the EEOC:
“There are strict deadlines for filing a charge of discrimination, please review the information in the timeliness tab or call 1-800-669-4000.”
Worksharing agreement: Arizona has a worksharing agreement with the EEOC. When a charge is filed with the Arizona Attorney General’s Civil Rights Division, it may be automatically dual-filed with the EEOC, and vice versa.
According to the Arizona Attorney General’s Civil Rights Division FAQ:
“When employment discrimination claims are available under both federal and state law, the Charge of Discrimination is dual-filed with the EEOC and the Division. This means that when you file with one agency your charge is automatically filed with the other.”
Source: Arizona Attorney General’s Civil Rights Division FAQ
Available at: https://www.azag.gov/civil-rights/faq
Applicable Statutes - Compilation
3.1 Arizona Employment Statutes Summary
At-Will Employment:
Law: Severability of employment relationships; protection from retaliatory discharges
Reference: Arizona Revised Statutes § 23-1501
Enacted: Original version enacted 1996
Last Amended: Multiple amendments through 2025
Full Text: https://www.azleg.gov/ars/23/01501.htm
Key Provision: “The employment relationship is severable at the pleasure of either the employee or the employer unless both the employee and the employer have signed a written contract to the contrary”
Arizona Civil Rights Act (Employment Discrimination):
Law: Arizona Civil Rights Act – Employment Practices
Reference: Arizona Revised Statutes Title 41, Chapter 9, Article 4 (§§ 41-1461 through 41-1465)
Enacted: 1965
Last Amended: Multiple amendments, most recently 2025
Full Text: https://www.azleg.gov/ars/41/title41.htm
Enforcement Agency: Arizona Attorney General’s Civil Rights Division
Key Protected Classes under Arizona Law:
According to A.R.S. § 41-1463:
- Race
- Color
- Religion
- Sex (including pregnancy, childbirth, or related medical conditions)
- Age (40 and older)
- National origin
- Disability
Source: Arizona Revised Statutes § 41-1463
Available at: https://www.azleg.gov/ars/41/01463.htm
Federal Anti-Discrimination Laws:
Title VII of the Civil Rights Act of 1964:
Reference: 42 U.S.C. § 2000e et seq.
Protected Classes: Race, color, religion, sex (including pregnancy, sexual orientation, gender identity), national origin
Applies to: Employers with 15 or more employees
Full Text: Available through U.S. Department of Labor and EEOC websites
Enforcement Agency: U.S. Equal Employment Opportunity Commission
Americans with Disabilities Act (ADA):
Reference: 42 U.S.C. § 12101 et seq.
Protected Class: Disability
Applies to: Employers with 15 or more employees
Full Text: https://www.ada.gov
Enforcement Agency: U.S. Equal Employment Opportunity Commission
Arizona Americans with Disabilities Act:
Reference: Arizona Revised Statutes § 41-1492 et seq.
Adoption: Arizona adopted the federal ADA by reference, effective January 27, 1994
Definition: According to A.R.S. § 41-1492: “Arizona ADA” means 42 United States Code sections 12101 through 12213 and 47 United States Code sections 225 and 611 and the ADA Amendments Act of 2008
Enforcement Agency: Arizona Attorney General
Age Discrimination in Employment Act (ADEA):
Reference: 29 U.S.C. § 621 et seq.
Protected Class: Age 40 and older
Applies to: Employers with 20 or more employees
Enforcement Agency: U.S. Equal Employment Opportunity Commission
Note on Arizona age discrimination coverage:
According to the Arizona Attorney General’s Civil Rights Division FAQ:
“There are two exceptions to [dual-filing] because only Arizona civil rights laws prohibit: (1) sexual harassment when the employer has less than 15 employees, and (2) age discrimination by an employer with greater than 15 and less than 20 employees.”
Source: Arizona Attorney General’s Civil Rights Division FAQ
Available at: https://www.azag.gov/civil-rights/faq
This means Arizona law provides broader age discrimination protection than federal law for employers with 15-19 employees.
3.2 Key Employment Law Provisions
ARIZONA REVISED STATUTES § 23-1501 – At-Will Employment:
Section 23-1501(A)(1):
“All employment is presumed to be at will.”
Section 23-1501(A)(2):
“The employment relationship is severable at the pleasure of either the employee or the employer unless both the employee and the employer have signed a written contract to the contrary setting forth that the employment relationship shall remain in effect for a specified duration of time or otherwise expressly restricting the right of either party to terminate the employment relationship.”
Source: Arizona Revised Statutes § 23-1501
Available at: https://www.azleg.gov/ars/23/01501.htm
Protected activities under A.R.S. § 23-1501(A)(3):
An employer may not terminate employment in retaliation for:
“(i) The refusal by the employee to commit an act or omission that would violate the Constitution of Arizona or the statutes of this state.
(ii) The disclosure by the employee in a reasonable manner that the employee has information or a reasonable belief that the employer, or an employee of the employer, has violated, is violating or will violate the Constitution of Arizona or the statutes of this state to either the employer or a representative of the employer who the employee reasonably believes is in a managerial or supervisory position and has the authority to investigate the information provided by the employee and to take action to prevent further violations of the Constitution of Arizona or statutes of this state or an employee of a public body or political subdivision of this state or any agency of a public body or political subdivision.
(iii) The exercise of rights under the workers’ compensation statutes prescribed in chapter 6 of this title.”
Source: Arizona Revised Statutes § 23-1501(A)(3)
Available at: https://www.azleg.gov/ars/23/01501.htm
ARIZONA REVISED STATUTES § 41-1463 – Employment Discrimination:
Section 41-1463(B) – Unlawful employer practices:
According to A.R.S. § 41-1463(B), it is an unlawful employment practice for an employer:
“1. To fail or refuse to hire or to discharge any individual or otherwise to discriminate against any individual with respect to the individual’s compensation, terms, conditions or privileges of employment because of the individual’s race, color, religion, sex, age, disability or national origin, on the basis of pregnancy or childbirth or related medical conditions.
- To limit, segregate or classify the employer’s employees in any way that would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect the individual’s status as an employee because of the individual’s race, color, religion, sex, age, disability or national origin, on the basis of pregnancy or childbirth or related medical conditions.”
Source: Arizona Revised Statutes § 41-1463
Available at: https://www.azleg.gov/ars/41/01463.htm
Retaliation prohibition:
According to the Arizona Attorney General’s Civil Rights Division:
“The ACRA prohibits retaliation in employment, housing, and disability claims in public accommodations.”
“Retaliation is punishment in response to an individual’s protected activity. Examples of protected activities include, but are not limited to, filing a Charge of Discrimination with the Division, participating in an investigation, or filing a complaint with an employer, housing provider, or public accommodation.”
Source: Arizona Attorney General’s Civil Rights Division FAQ
Available at: https://www.azag.gov/civil-rights/faq
3.3 Employer Size Thresholds
Arizona Civil Rights Act:
According to A.R.S. § 41-1461(2), “employer” is defined as:
“A person who has fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year and any agent of such person.”
Exception: For age discrimination claims, Arizona covers employers with 15 or more employees (broader than federal ADEA which requires 20+ employees).
Source: Arizona Revised Statutes § 41-1461
Available at: https://www.azleg.gov/ars/41/01461.htm
Federal Laws:
- Title VII: 15 or more employees
- ADA: 15 or more employees
- ADEA: 20 or more employees
Reasonable Accommodations - Official Framework
4.1 Arizona Disability Accommodation Requirements
Arizona Americans with Disabilities Act
According to Arizona Revised Statutes § 41-1492:
“‘Arizona ADA’ means 42 United States Code sections 12101 through 12213 and 47 United States Code sections 225 and 611 and the ADA Amendments Act of 2008.”
Source: Arizona Revised Statutes § 41-1492
Available at: https://www.azleg.gov/ars/41/01492.htm
Arizona adopted the federal Americans with Disabilities Act by reference, effective January 27, 1994. This means the requirements, standards, and procedures under the federal ADA apply in Arizona.
Employer coverage:
- Arizona ADA: Employers with 15 or more employees
- Federal ADA Title I: Employers with 15 or more employees
Definition of disability:
Under the ADA, a person has a disability if:
- The person has a physical or mental impairment that substantially limits one or more major life activities
- The person has a record of such an impairment
- The person is regarded as having such an impairment
Source: 42 U.S.C. § 12102(1)
EEOC guidance available at: https://www.eeoc.gov/laws/guidance/
Major life activities:
According to the ADA Amendments Act of 2008, major life activities include but are not limited to:
- Caring for oneself
- Performing manual tasks
- Seeing, hearing, eating, sleeping, walking, standing, lifting, bending
- Speaking, breathing, learning, reading, concentrating, thinking, communicating
- Working
- Major bodily functions (functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions)
Source: 42 U.S.C. § 12102(2)
4.2 Reasonable Accommodation Obligation
Federal ADA requirement:
Employers must provide reasonable accommodations to qualified individuals with disabilities unless doing so would impose an undue hardship on the operation of the employer’s business.
Source: 42 U.S.C. § 12112(b)(5)(A)
What is a reasonable accommodation?
According to the EEOC:
“A reasonable accommodation is any change to the application or hiring process, to the job, to the way the job is done, or the work environment that allows a person with a disability who is qualified for the job to perform the essential functions of that job and enjoy equal employment opportunities.”
Source: EEOC
Available at: https://www.eeoc.gov/publications/ada-your-responsibilities-employer
Examples of reasonable accommodations:
According to EEOC guidance, reasonable accommodations may include:
- Making existing facilities used by employees readily accessible to and usable by persons with disabilities
- Job restructuring, modifying work schedules, reassignment to a vacant position
- Acquiring or modifying equipment or devices
- Adjusting or modifying examinations, training materials, or policies
- Providing qualified readers or interpreters
Remote work as a reasonable accommodation:
According to EEOC guidance published during and after the COVID-19 pandemic, telework or remote work may be a reasonable accommodation in some circumstances.
The EEOC has stated:
“An employee with a disability may be entitled to telework as a reasonable accommodation, absent undue hardship, if telework would be effective in enabling the individual to perform the essential functions of the employee’s job.”
Source: EEOC Technical Assistance Documents
Available at: https://www.eeoc.gov/laws/guidance/
Important considerations:
- Whether remote work is a reasonable accommodation depends on the specific job duties and whether essential functions can be performed remotely
- The COVID-19 pandemic demonstrated that many jobs can be performed remotely
- If an employer allowed remote work during the pandemic, this may be evidence that remote work is feasible for certain positions
- Each accommodation request must be evaluated individually
4.3 Interactive Process
What is the interactive process?
The ADA requires employers to engage in an “interactive process” with employees who request reasonable accommodations. This is an informal dialogue between the employer and employee to determine an effective reasonable accommodation.
Source: 29 C.F.R. § 1630.2(o)(3)
Steps in the interactive process:
According to EEOC guidance, the interactive process generally involves:
Step 1: Employee requests accommodation
An employee (or someone on the employee’s behalf) informs the employer that the employee needs an adjustment or change at work for a reason related to a medical condition.
The employee does not need to use the words “ADA” or “reasonable accommodation” or “disability.” The employee should clearly indicate that a workplace change is needed due to a medical condition.
Step 2: Employer responds
The employer should acknowledge the request promptly and begin discussing the accommodation need with the employee.
Step 3: Exchange information
The employer may ask the employee questions about the disability and functional limitations to understand the accommodation need. The employer may request medical documentation.
The employee should provide information about:
- The functional limitations caused by the disability
- How those limitations affect job performance
- What type of accommodation might address the limitations
Step 4: Explore accommodation options
The employer and employee should discuss possible accommodations. The employer should consider the employee’s preference but may choose among effective accommodations.
Step 5: Choose and implement accommodation
The employer selects an effective reasonable accommodation and implements it. The employer should monitor the effectiveness of the accommodation and make adjustments if needed.
Source: EEOC Enforcement Guidance on Reasonable Accommodation and Undue Hardship
Available at: https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada
Arizona-specific notes:
The Arizona Attorney General’s Civil Rights Division enforces accommodation requirements under the Arizona ADA. The process is essentially the same as under federal law since Arizona adopted the federal ADA by reference.
Filing deadline for accommodation-related discrimination:
According to A.R.S. § 41-1492.09:
“The attorney general shall investigate all alleged violations of this article. These allegations must be filed within one hundred eighty days after the occurrence or the termination of the alleged discriminatory practice.”
Source: Arizona Revised Statutes § 41-1492.09
Available at: https://www.azleg.gov/ars/41/01492.htm
4.4 Medical Documentation
Employer’s right to request medical information:
When an employee requests a reasonable accommodation, the employer may request medical documentation if:
- The disability and/or need for accommodation is not obvious
- The employer needs additional information to evaluate the accommodation request
What employers may ask:
According to EEOC guidance, employers may ask:
- The nature of the medical condition
- The functional limitations caused by the condition
- Whether the employee has a disability under the ADA
- Whether and why an accommodation is needed
- What type of accommodation might be effective
What employers may NOT ask:
Employers generally should not ask for:
- Complete medical records
- Genetic information
- Information unrelated to the accommodation request or the claimed disability
Medical documentation requirements:
The medical documentation should:
- Come from an appropriate healthcare or vocational professional
- Describe the nature, severity, and duration of the impairment
- Describe the activity or activities that the impairment limits
- Describe the extent to which the impairment limits the employee’s ability to perform the activity or activities
- Substantiate why the accommodation is needed
Source: EEOC guidance documents
Available at: https://www.eeoc.gov
Confidentiality:
All medical information obtained by an employer must be kept confidential and maintained in separate medical files.
Source: 42 U.S.C. § 12112(d)(3)(B)
4.5 Undue Hardship Defense
When can an employer deny an accommodation?
An employer may deny a requested accommodation if it would impose an “undue hardship” on the operation of the employer’s business.
Definition of undue hardship:
According to the ADA:
“‘Undue hardship’ means an action requiring significant difficulty or expense, when considered in light of the factors set forth in subparagraph (B).”
Factors to consider:
The statute requires consideration of:
“(i) the nature and cost of the accommodation needed under this chapter;
(ii) the overall financial resources of the facility or facilities involved in the provision of the reasonable accommodation; the number of persons employed at such facility; the effect on expenses and resources, or the impact otherwise of such accommodation upon the operation of the facility;
(iii) the overall financial resources of the covered entity; the overall size of the business of a covered entity with respect to the number of its employees; the number, type, and location of its facilities; and
(iv) the type of operation or operations of the covered entity, including the composition, structure, and functions of the workforce of such entity; the geographic separateness, administrative, or fiscal relationship of the facility or facilities in question to the covered entity.”
Source: 42 U.S.C. § 12111(10)
Important notes on undue hardship:
- The burden of proof is on the employer to demonstrate undue hardship
- Undue hardship is a high standard
- General statements about cost or inconvenience are insufficient
- The employer must provide specific evidence
Source: EEOC Enforcement Guidance
4.6 Official Forms and Resources
Arizona Attorney General’s Civil Rights Division:
As of January 2026, the Arizona Attorney General’s Civil Rights Division provides:
- Online complaint intake system
- Complaint forms downloadable from website
- Information pamphlets in English and Spanish
Available at: https://www.azag.gov/civil-rights
EEOC Resources:
The EEOC provides numerous resources on reasonable accommodation:
EEOC Public Portal: https://publicportal.eeoc.gov/portal/
EEOC Publications:
- “The ADA: Your Responsibilities as an Employer”
- “Enforcement Guidance on Reasonable Accommodation and Undue Hardship”
- “Questions and Answers on the Notice to Workers with Disabilities Provision”
- Various fact sheets and technical assistance documents
Available at: https://www.eeoc.gov/publications
ADA National Network:
The ADA National Network provides information, guidance, and training on the ADA:
Website: https://adata.org
Toll-free: 1-800-949-4232
Job Accommodation Network (JAN):
JAN is a free service of the U.S. Department of Labor’s Office of Disability Employment Policy that provides guidance on workplace accommodations:
Website: https://askjan.org
Toll-free: 1-800-526-7234
TTY: 1-877-781-9403
Official Complaint Process
5.1 Arizona Attorney General’s Civil Rights Division
Who can file a complaint:
Any person who believes they have experienced discrimination in employment based on race, color, religion, sex, age, disability, or national origin may file a charge of discrimination with the Arizona Attorney General’s Civil Rights Division.
Source: Arizona Attorney General’s Civil Rights Division
Available at: https://www.azag.gov/civil-rights
CRITICAL FILING DEADLINE:
According to Arizona Revised Statutes § 41-1481(A):
“A charge under this section shall be filed within one hundred eighty days after the alleged unlawful practice occurred.”
Exception: The deadline may be extended to 300 days if the charge is also covered by federal law and dual-filed with the EEOC.
Source: Arizona Revised Statutes § 41-1481
Available at: https://www.azleg.gov/ars/41/01481.htm
How to file:
1. Online: Visit the Arizona Attorney General’s Civil Rights Division website and use the online intake system.
Website: https://www.azag.gov/civil-rights
Online intake: Available through the Civil Rights Division homepage
2. By phone: Call the Civil Rights Division to request assistance with filing a charge.
Phoenix office: (602) 542-5025
Toll-free: (877) 491-5742
Tucson office: (520) 628-6500
Toll-free: (877) 491-5740
3. By mail: Send a written complaint to:
Arizona Attorney General’s Office
Civil Rights Division
2005 N. Central Avenue
Phoenix, AZ 85004
Or:
Arizona Attorney General’s Office
Civil Rights Division
400 West Congress, South Building, Suite 315
Tucson, AZ 85701-1367
4. In person: Visit one of the Civil Rights Division offices during business hours.
What to include in your complaint:
According to the Arizona Department of Economic Security guidance on filing discrimination complaints:
“If you do not use the form, make sure that your complaint contains all of the following information:
- Your name, address, and daytime telephone number.
- Name, job title, address, and daytime telephone number of the person(s) you believe discriminated against you.
- Specific facts and details of the discrimination or unequal treatment that you believe occurred.”
Source: Arizona Department of Economic Security
Available at: https://des.az.gov/how-do-i/file-discrimination-complaint
Investigation process:
According to A.R.S. § 41-1481:
Step 1: Filing and notification
“Whenever a charge is filed by or on behalf of a person claiming to be aggrieved, the division shall notify the person aggrieved and the respondent that the charge has been filed and shall make an investigation of the alleged unlawful practice.”
Step 2: Investigation
“The division shall make its determination on reasonable cause as promptly as possible and as far as practicable not later than sixty days from the filing of the charge.”
Step 3: Determination
If the Division finds reasonable cause to believe discrimination occurred, it will attempt to reach a conciliation agreement.
If no reasonable cause is found, the Division will dismiss the charge and issue a “right to sue” letter.
Step 4: Conciliation or litigation
If reasonable cause is found but conciliation fails, the Division may file a civil action in court on behalf of the aggrieved person.
Source: Arizona Revised Statutes § 41-1481
Available at: https://www.azleg.gov/ars/41/01481.htm
Contact Information – Civil Rights Division:
Phoenix Office:
- Address: 2005 N. Central Avenue, Phoenix, AZ 85004
- Phone: (602) 542-5025
- Toll-free: (877) 491-5742
- TDD: (602) 542-5002 / (877) 624-8090
- Fax: (602) 542-8885
- Hours: Monday-Friday, 8:00 AM – 5:00 PM
Tucson Office:
- Address: 400 West Congress, South Building, Suite 315, Tucson, AZ 85701-1367
- Phone: (520) 628-6500
- Toll-free: (877) 491-5740
- TDD: (520) 628-6872 / (877) 881-7552
- Fax: (520) 628-6765
- Hours: Monday-Friday, 8:00 AM – 5:00 PM
Website: https://www.azag.gov/civil-rights
5.2 U.S. Equal Employment Opportunity Commission (EEOC)
Who can file a charge:
Any person who believes they have experienced employment discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, gender identity), national origin, age (40 or older), disability, or genetic information may file a charge with the EEOC.
CRITICAL FILING DEADLINES:
Federal law deadline: Generally 180 days from the date of discrimination
Extended deadline in Arizona: 300 days from the date of discrimination (because Arizona has a state agency with a worksharing agreement with the EEOC)
Source: 29 C.F.R. § 1601.13; EEOC guidance
Available at: https://www.eeoc.gov
Important: The 300-day deadline applies only if the charge is also covered by Arizona state law. For claims covered only by federal law (such as genetic information discrimination under GINA), the 180-day deadline applies.
Dual-filing with Arizona:
According to the Arizona Attorney General’s Civil Rights Division FAQ:
“When employment discrimination claims are available under both federal and state law, the Charge of Discrimination is dual-filed with the EEOC and the Division. This means that when you file with one agency your charge is automatically filed with the other.”
Exceptions to dual-filing:
“There are two exceptions to this rule because only Arizona civil rights laws prohibit: (1) sexual harassment when the employer has less than 15 employees, and (2) age discrimination by an employer with greater than 15 and less than 20 employees.”
Source: Arizona Attorney General’s Civil Rights Division FAQ
Available at: https://www.azag.gov/civil-rights/faq
How to file with the EEOC:
1. Online (recommended): Use the EEOC Public Portal to submit an inquiry and schedule an appointment for an interview.
EEOC Public Portal: https://publicportal.eeoc.gov/portal/
According to the EEOC Phoenix District Office:
“We encourage you to schedule an interview through our online public portal. To submit an inquiry and schedule an appointment for an interview, please use the online public portal at https://publicportal.eeoc.gov/portal/.”
Options for appointments:
- Telephone interview
- Video interview
- In-person interview
Source: EEOC Phoenix District Office
Available at: https://www.eeoc.gov/field-office/phoenix/location
2. By phone: Call the EEOC to request information or schedule an appointment.
Toll-free: 1-800-669-4000
TTY (for Deaf/Hard of Hearing): 1-800-669-6820
ASL Video Phone: 1-844-234-5122
Local Phoenix office: (602) 661-0002
Email: phoenix.intake@eeoc.gov
3. In person (with appointment recommended): Visit the EEOC Phoenix District Office.
According to the EEOC Phoenix District Office:
“Although walk-ins are accepted, scheduling an interview is strongly recommended, and individuals with appointments will be given priority.”
“If you elect to walk-in without an appointment, we cannot guarantee you will be interviewed that day.”
Source: EEOC Phoenix District Office
Available at: https://www.eeoc.gov/field-office/phoenix/location
Phoenix District Office hours:
- Lobby hours: 8:00 AM – 4:00 PM, Monday through Friday
- Interviews: Every day except Wednesdays
- Last appointment: 2:30 PM
EEOC investigation process:
Step 1: Intake and charge filing
The EEOC will interview you to gather information about your claim. If you proceed, you will file a formal “charge of discrimination.”
Step 2: Notification to employer
The EEOC will notify the employer (called the “respondent”) of the charge and provide a copy.
Step 3: Investigation
The EEOC will investigate the charge by requesting information from both parties, interviewing witnesses, and reviewing relevant documents.
Step 4: Determination
The EEOC will make one of the following determinations:
- Cause determination: The EEOC finds reasonable cause to believe discrimination occurred
- No cause determination: The EEOC finds no reasonable cause
- Administrative closure: The EEOC closes the charge without a determination
Step 5: Conciliation or litigation
If the EEOC finds cause, it will attempt to settle the case through conciliation. If conciliation fails, the EEOC may file a lawsuit or issue a “right to sue” letter.
Step 6: Right to sue
Whether or not the EEOC finds cause, you have the right to request a “Notice of Right to Sue” letter, which allows you to file your own lawsuit in court. You may request this letter:
- At any time after 180 days from filing your charge, or
- Earlier if the EEOC dismisses your charge
Source: EEOC guidance documents
Available at: https://www.eeoc.gov
Contact Information – EEOC Phoenix District Office:
Address:
U.S. Equal Employment Opportunity Commission
Phoenix District Office
3300 N. Central Avenue, Suite 690
Phoenix, AZ 85012
Location notes: SW corner of Central & Osborn; light rail stop directly across from building; parking garage behind building (not validated)
Telephone:
- General information: 1-800-669-4000
- TTY: 1-800-669-6820
- ASL Video Phone: 1-844-234-5122
- Local office: (602) 661-0002
- Email: phoenix.intake@eeoc.gov
Jurisdiction: Arizona, Colorado, Utah, Wyoming, and parts of New Mexico
Website: https://www.eeoc.gov/field-office/phoenix/location
Public Portal: https://publicportal.eeoc.gov/portal/
5.3 Private Lawsuit Option
Right to file a civil action:
In addition to filing with government agencies, Arizona law allows individuals to file private lawsuits for employment discrimination.
Requirements for filing a private lawsuit:
According to A.R.S. § 41-1481(H):
“In any case in which an employer, employment agency or labor organization violates this article, either the division or a person alleging to be aggrieved may bring a civil action in the superior court.”
Timing requirements:
A person may bring a civil action:
- After filing a charge with the Civil Rights Division, and
- After either:
- The Division issues a “right to sue” letter, or
- 90 days have passed since filing the charge (whichever comes first)
Source: Arizona Revised Statutes § 41-1481
Available at: https://www.azleg.gov/ars/41/01481.htm
Available remedies:
According to A.R.S. § 41-1472, a court may award:
“1. Actual and compensatory damages, including damages for emotional distress.
- Punitive damages.
- Preventive relief, including a permanent or temporary injunction, a restraining order or any other order against the person responsible for a violation of section 41-1421 or 41-1442.
- If appropriate to vindicate the public interest, a civil penalty against the person responsible for the violation of not more than:
(a) Ten thousand dollars for a first violation. (b) Twenty-five thousand dollars for a second violation. (c) Fifty thousand dollars for a third or subsequent violation.”
Source: Arizona Revised Statutes § 41-1472
Available at: https://www.azleg.gov/ars/41/01472.htm
Attorney’s fees:
According to A.R.S. § 41-1472(C):
“In an action under section 41-1471, the court shall award reasonable attorney fees to a prevailing plaintiff, other than the attorney general.”
Source: Arizona Revised Statutes § 41-1472
Available at: https://www.azleg.gov/ars/41/01472.htm
Note: Individuals should consult with a licensed Arizona employment attorney before filing a lawsuit.
Published Official Documents
6.1 Arizona State Legislature Documents
Senate Bill 1237 (57th Legislature, 1st Regular Session):
Document title: “State employees; remote work; prohibition”
Sponsor: Senate President Warren Petersen
Status: Passed Arizona Senate (February 27, 2025); pending in Arizona House of Representatives (as of January 2026)
Bill text: https://www.azleg.gov/legtext/57leg/1R/bills/SB1237.htm
House Bill Summary: https://www.azleg.gov/legtext/57leg/1R/summary/H.SB1237_030725_RO.DOCX.htm
Date: March 7, 2025
Pages: 2
Summary: Prohibits remote work for full-time state employees except when sick (with supervisor approval) or when performing field duties. Notes historical context of Arizona’s telework program and current remote work statistics.
Fact sheet: https://www.azleg.gov/legtext/57leg/1R/summary/S.SB1237GOV_ASPASSEDCOMMITTEE.DOCX.htm
6.2 Arizona Revised Statutes – Employment Law
Title 23 – Labor:
Official compilation: https://www.azleg.gov/arsDetail/?title=23
Key chapters:
- Chapter 2: Conditions of Employment
- Chapter 8: Labor Relations
Relevant sections for RTO contexts:
- § 23-1501: At-will employment and wrongful termination protections
- § 23-1502: Constructive discharge
Title 41, Chapter 9 – Civil Rights:
Official compilation: https://www.azleg.gov/ars/41/title41.htm
Article 4 – Employment Practices:
- § 41-1461: Definitions
- § 41-1463: Discrimination; unlawful practices
- § 41-1481: Procedure
Article 5 – Americans with Disabilities:
- § 41-1492: Definitions (Arizona ADA)
- § 41-1492.09: Enforcement procedures
6.3 Arizona Attorney General Publications
Civil Rights Information Pamphlet:
According to the Arizona Attorney General’s website:
“The Arizona Attorney General’s Office, in partnership with the United States Department of Housing and Urban Development, has published a new civil rights pamphlet in English and Spanish available free to Arizonans. The pamphlet provides Arizonans with answers to frequently asked questions regarding their rights and how to file civil rights complaints related to discrimination in employment, housing, public accommodations, and voting.”
Available at: https://www.azag.gov/civil-rights
Available in:
- English
- Spanish
Civil Rights Division FAQ:
Document: Frequently Asked Questions about Civil Rights in Arizona
Published by: Arizona Attorney General’s Office, Civil Rights Division
Available at: https://www.azag.gov/civil-rights/faq
Topics covered:
- What is the Arizona Civil Rights Act?
- What is unlawful discrimination?
- Who enforces Arizona civil rights laws?
- How to file a charge of discrimination
- What happens after filing
- Dual-filing with EEOC
- Attorney representation
6.4 Arizona Department of Economic Security Publications
Returning to Work – Guidance for Employers and Employees:
Published by: Arizona Department of Economic Security
Available at: https://des.az.gov/returning-work-guidance-employers-and-employees
Format: Web page
Topics covered:
- Unemployment insurance eligibility when returning to work
- Refusing suitable work
- COVID-19 considerations (historical context)
- Reporting earnings
Note: This guidance primarily addresses unemployment benefits, not employment discrimination or accommodation rights.
How to File a Discrimination Complaint:
Published by: Arizona Department of Economic Security
Available at: https://des.az.gov/how-do-i/file-discrimination-complaint
Content: Provides contact information for Arizona Attorney General’s Civil Rights Division and EEOC Phoenix District Office, plus guidance on what to include in a complaint.
6.5 Federal EEOC Publications
The EEOC publishes extensive guidance on employment discrimination and reasonable accommodation. Key publications relevant to return to office situations include:
“The ADA: Your Responsibilities as an Employer”:
- Overview of ADA requirements
- Reasonable accommodation obligations
- Available at: https://www.eeoc.gov/publications
“Enforcement Guidance on Reasonable Accommodation and Undue Hardship Under the ADA”:
- Detailed guidance on accommodation process
- Examples of reasonable accommodations
- Undue hardship analysis
“What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws”:
- Guidance on pandemic-related accommodation issues
- Telework as accommodation
- Updated periodically
Available at: https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws
All EEOC publications: https://www.eeoc.gov/publications
6.6 Legislative History – No Private Sector RTO Legislation
Research conducted: January 5, 2026
Sources searched:
- Arizona Legislature website (azleg.gov)
- Arizona Revised Statutes
- Governor’s Executive Orders
Search terms used:
- “return to office”
- “remote work mandate”
- “telework requirements”
- “work from home law”
- “remote work prohibition”
Results: No legislation identified governing return to office requirements for private sector employers in Arizona.
Documentation:
- Arizona Legislature bill search: https://www.azleg.gov
- Current legislative session: 57th Legislature
Conclusion: Private sector employers in Arizona operate under general employment law framework (at-will employment, anti-discrimination statutes, accommodation requirements) without specific return to office legislation.
Absence of Specific Private Sector RTO Legislation
Legislative Research Results
As of January 5, 2026, comprehensive searches of the Arizona Legislature website reveal:
No specific statutes enacted governing return to office mandates for private sector employers.
Search conducted:
- Website: Arizona Legislature (https://www.azleg.gov)
- Date: January 5, 2026
- Database searched: Arizona Revised Statutes, current and recent legislative sessions
- Search terms: “return to office”, “remote work mandate”, “telework requirements”, “work from home”, “remote work prohibition”, “workplace location”
Result: No relevant legislation identified affecting private sector employers’ discretion to implement return to office policies.
Pending state employee legislation only:
The only Arizona legislation identified regarding return to office is Senate Bill 1237, which would apply exclusively to state government employees. As of January 2026:
- SB 1237 has not been enacted into law
- The bill applies only to state agency employees
- Private sector employers are not covered
General Employment Framework Applies:
In the absence of specific return to office legislation, private sector employers in Arizona must comply with:
At-will employment statute:
- Arizona Revised Statutes § 23-1501
- Employers may change workplace policies subject to statutory exceptions
- Available at: https://www.azleg.gov/ars/23/01501.htm
Anti-discrimination laws:
- Arizona Civil Rights Act (A.R.S. Title 41, Chapter 9)
- Protected classes: race, color, religion, sex, age (40+), disability, national origin
- Available at: https://www.azleg.gov/ars/41/title41.htm
Federal anti-discrimination laws:
- Title VII of the Civil Rights Act (42 U.S.C. § 2000e)
- Americans with Disabilities Act (42 U.S.C. § 12101)
- Age Discrimination in Employment Act (29 U.S.C. § 621)
- Other federal employment laws
Accommodation requirements:
- Arizona Americans with Disabilities Act (A.R.S. § 41-1492)
- Federal ADA reasonable accommodation obligations
- Available at: https://www.azleg.gov/ars/41/01492.htm
Anti-retaliation protections:
- Protected activities under A.R.S. § 23-1501
- Retaliation prohibitions in Arizona Civil Rights Act
- Federal anti-retaliation protections
Contractual obligations:
- Written employment contracts (if applicable)
- Collective bargaining agreements (if applicable)
- Employee handbook provisions (if constituting contract)
Governor’s Executive Orders Search
Search conducted: January 5, 2026
Source: Arizona Governor’s website
Search terms:
- “return to office”
- “remote work”
- “telework”
- “state employees”
Results:
Historical executive orders identified:
Executive Order 93-4: Authorized telework program administered by Arizona Department of Commerce Energy Office
Executive Order 2003-11: Mandated implementation of Telework Program with 20% participation goal in Maricopa County
Source: Arizona Legislature House Bill Summary SB1237
Available at: https://www.azleg.gov/legtext/57leg/1R/summary/H.SB1237_030725_RO.DOCX.htm
No current executive orders: As of January 2026, no executive orders have been identified specifically mandating return to office for state employees or affecting private sector employment.
Status of pending legislation: SB 1237, if passed by the Arizona House, was expected to receive a veto from Governor Katie Hobbs, according to multiple news sources.
Implications for Private Sector Employers
Key takeaway: Arizona private sector employers have discretion to implement return to office policies, subject to compliance with:
- Anti-discrimination requirements: Policies must not discriminate based on protected classes
- Accommodation obligations: Employers must provide reasonable accommodations for disabilities unless undue hardship
- Contractual commitments: Employers must honor existing employment contracts and collective bargaining agreements
- At-will limitations: Employers may not terminate employees for exercising protected rights under Arizona or federal law
Best practices:
Employers implementing return to office policies should:
- Review policies for potential discriminatory impact
- Establish clear accommodation request procedures
- Train managers on accommodation obligations
- Document business justifications for RTO requirements
- Consider individual accommodation requests
- Consult with legal counsel regarding specific situations
Note: This is factual information about applicable legal framework. For legal advice on implementing return to office policies, consult a licensed Arizona employment attorney.
Resources & Contacts
9.1 Government Agency Directory
Arizona Attorney General – Civil Rights Division
Phoenix Office:
2005 N. Central Avenue
Phoenix, AZ 85004
Telephone: (602) 542-5025
Toll-free: (877) 491-5742
TDD: (602) 542-5002
TDD toll-free: (877) 624-8090
Fax: (602) 542-8885
Hours: Monday-Friday, 8:00 AM – 5:00 PM
Website: https://www.azag.gov/civil-rights
Function: Enforces Arizona Civil Rights Act; investigates employment, housing, public accommodations, and voting discrimination complaints; attempts conciliation; litigates civil rights cases
Tucson Office:
400 West Congress, South Building, Suite 315
Tucson, AZ 85701-1367
Telephone: (520) 628-6500
Toll-free: (877) 491-5740
TDD: (520) 628-6872
TDD toll-free: (877) 881-7552
Fax: (520) 628-6765
Hours: Monday-Friday, 8:00 AM – 5:00 PM
U.S. Equal Employment Opportunity Commission – Phoenix District Office
Address:
3300 N. Central Avenue, Suite 690
Phoenix, AZ 85012
Location: SW corner of Central & Osborn; light rail accessible; parking garage behind building
Telephone: 1-800-669-4000
Local: (602) 661-0002
TTY (Deaf/Hard of Hearing): 1-800-669-6820
ASL Video Phone: 1-844-234-5122
Email: phoenix.intake@eeoc.gov
Lobby hours: Monday-Friday, 8:00 AM – 4:00 PM
Interviews: Every day except Wednesdays; last appointment 2:30 PM
Website: https://www.eeoc.gov/field-office/phoenix/location
Public Portal: https://publicportal.eeoc.gov/portal/
Function: Enforces federal employment discrimination laws (Title VII, ADA, ADEA, EPA, GINA); investigates discrimination charges; pursues conciliation and litigation
Jurisdiction: Arizona, Colorado, Utah, Wyoming, and parts of New Mexico
Arizona Department of Economic Security
Main Office:
1789 W. Jefferson Street
Phoenix, AZ 85007
Telephone: (602) 542-4296
Website: https://des.az.gov
Function: Administers unemployment insurance, workforce development programs, and various social services; provides employment-related information
Arizona Department of Administration
Main Office:
100 N. 15th Avenue, Suite 400
Phoenix, AZ 85007
Telephone: (602) 542-5482
Website: https://hr.az.gov
Function: Administers state personnel system; oversees state employee human resources; manages state properties and facilities
Note: ADOA oversees state government employment, not private sector employment
Arizona Legislature
Website: https://www.azleg.gov
Bill search: https://www.azleg.gov/bills/
Arizona Revised Statutes: https://www.azleg.gov/ars/
Function: State legislative body; enacts Arizona statutes; provides public access to bills, statutes, and legislative information
U.S. Department of Labor – Office of Disability Employment Policy
Website: https://www.dol.gov/agencies/odep
Job Accommodation Network (JAN): https://askjan.org
JAN Toll-free: 1-800-526-7234
JAN TTY: 1-877-781-9403
Function: Provides information, guidance, and resources on workplace accommodations; free consultation service
ADA National Network
Federally-funded government service
Website: https://adata.org
Toll-free: 1-800-949-4232
Funding: National Institute on Disability, Independent Living, and Rehabilitation Research (NIDILRR), U.S. Department of Education
Function: Provides information, guidance, and training on the Americans with Disabilities Act; operates regional ADA centers throughout the United States
Note: The ADA National Network is federally-funded, making it an official government resource.
Arizona State Bar Association
Address:
4201 N. 24th Street, Suite 200
Phoenix, AZ 85016-6266
Telephone: (602) 252-4804
Lawyer Referral Service: (602) 257-4434
Website: https://www.azbar.org
Function: Regulates legal profession in Arizona; provides lawyer referral service to connect individuals with attorneys; offers legal resources
Community Legal Services (Phoenix)
Address:
305 S. 2nd Avenue
Phoenix, AZ 85003
Telephone: (602) 258-3434
Website: https://clsaz.org
Function: Provides free legal assistance to low-income individuals in civil matters, including some employment cases
Southern Arizona Legal Aid
Tucson Office:
2343 E. Broadway Boulevard
Tucson, AZ 85719
Telephone: (520) 623-9465
Website: https://www.sazlegalaid.org
Function: Provides free legal assistance to low-income individuals in southern Arizona in civil matters
9.2 Key Publications and Guidance Documents
Arizona Attorney General’s Office Publications:
Civil Rights FAQ:
https://www.azag.gov/civil-rights/faq
Content: Frequently asked questions about Arizona Civil Rights Act, filing complaints, dual-filing with EEOC, investigation process
Civil Rights Information Pamphlet:
Available at: https://www.azag.gov/civil-rights
Content: Overview of civil rights protections in employment, housing, public accommodations, and voting; how to file complaints
Languages: English and Spanish
EEOC Publications:
“The ADA: Your Responsibilities as an Employer”:
https://www.eeoc.gov/publications
Content: Comprehensive guide to ADA requirements for employers; reasonable accommodation obligations; prohibited practices
“Enforcement Guidance on Reasonable Accommodation and Undue Hardship Under the ADA”:
https://www.eeoc.gov/laws/guidance/
Content: Detailed guidance on accommodation process, types of accommodations, undue hardship analysis, medical inquiries
“What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws”:
https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws
Content: Pandemic-related guidance on accommodations, telework, return to work issues
All EEOC publications:
https://www.eeoc.gov/publications
Arizona Legislature Documents:
Senate Bill 1237:
Bill text: https://www.azleg.gov/legtext/57leg/1R/bills/SB1237.htm
House Summary: https://www.azleg.gov/legtext/57leg/1R/summary/H.SB1237_030725_RO.DOCX.htm
Content: Text of pending state employee return to office legislation; bill summary; fiscal analysis; background on Arizona telework program
Arizona Revised Statutes – Title 23 (Labor):
https://www.azleg.gov/arsDetail/?title=23
Content: At-will employment statute (§ 23-1501), constructive discharge (§ 23-1502), other employment law provisions
Arizona Revised Statutes – Title 41, Chapter 9 (Civil Rights):
https://www.azleg.gov/ars/41/title41.htm
Content: Arizona Civil Rights Act, employment discrimination provisions, disability rights, enforcement procedures
Job Accommodation Network (JAN) Resources:
Federally-funded government service
Website: https://askjan.org
Funding: U.S. Department of Labor’s Office of Disability Employment Policy (ODEP)
Content: Searchable database of accommodation solutions by disability and job function; accommodation ideas; practical guidance
Topics:
- Accommodation and Compliance Series documents
- Searchable Online Accommodation Resource (SOAR)
- Accommodation ideas by disability type
- Accommodation ideas by job function
- Information on telework and remote work accommodations
Note: JAN is a federally-funded service, making it an official government resource.
ADA.gov:
Website: https://www.ada.gov
Content: Official U.S. government information on Americans with Disabilities Act; regulations, technical assistance, settlement agreements
Key sections:
- ADA regulations (28 C.F.R. Part 35)
- Guidance on specific topics
- Resources for businesses and individuals
- Information on filing complaints
For legal information (not advice):
Government agencies listed in Section 9.1 provide information about laws and how to file complaints, but do not provide legal advice.
For legal advice and representation:
Individuals with specific legal questions or those facing employment discrimination should consult with a licensed Arizona employment attorney.
Arizona State Bar Association Lawyer Referral Service:
⚠️ Non-governmental professional association
Telephone: (602) 257-4434
Website: https://www.azbar.org/for-the-public/find-a-lawyer/
Service: Connects individuals with attorneys who practice in specific areas of law; initial consultation fee typically $50-75 for 30 minutes
Note: The State Bar of Arizona is a professional association that regulates attorneys, not a government agency. For government enforcement of employment laws, contact the agencies in Section 9.1.
Legal Aid Organizations (Non-Profit):
⚠️ The following are non-governmental non-profit organizations, not government agencies
Community Legal Services (Phoenix):
305 S. 2nd Avenue, Phoenix, AZ 85003
Telephone: (602) 258-3434
Website: https://clsaz.org
Type: Non-profit legal aid organization
Eligibility: Low-income individuals; income limits apply
Services: Free legal assistance in civil matters including some employment cases
Southern Arizona Legal Aid (Tucson):
2343 E. Broadway Boulevard, Tucson, AZ 85719
Telephone: (520) 623-9465
Website: https://www.sazlegalaid.org
Type: Non-profit legal aid organization
Eligibility: Low-income individuals in southern Arizona
Services: Free legal assistance in civil matters
DNA – People’s Legal Services (Northern Arizona):
Serves northern Arizona and Native American communities
Website: https://www.dnalegalservices.org
Type: Non-profit legal aid organization
Services: Legal assistance for northern Arizona and Native American communities
Note: These are non-profit organizations that provide free or low-cost legal assistance to qualifying individuals. They are not government agencies. For official government information and complaint filing, use the agencies listed in Section 9.1.
Private Employment Attorneys:
To find employment attorneys in private practice:
- Use Arizona State Bar Lawyer Referral Service
- Search online attorney directories
- Ask for referrals from other attorneys
- Check reviews and credentials carefully
Important: Consult an attorney licensed to practice in Arizona. Many employment attorneys offer free or low-cost initial consultations.
Frequently Asked Questions - RTO mandate Arizona
What is Arizona’s return to office mandate?
As of January 2026, Arizona does not have a return to office mandate affecting private sector employers. Senate Bill 1237, which would prohibit remote work for state government employees, passed the Arizona Senate on February 27, 2025, but has not been enacted into law. The bill applies only to full-time state agency employees and does not affect private sector employment. Private sector employers in Arizona may implement return to office policies under the state’s at-will employment framework, subject to anti-discrimination laws and reasonable accommodation requirements.
Source: Arizona Legislature SB 1237
Available at: https://www.azleg.gov/legtext/57leg/1R/bills/SB1237.htm
Does Arizona’s pending RTO legislation apply to private employers?
No. Senate Bill 1237, if enacted, would apply only to full-time employees of Arizona state agencies, boards, and commissions. The bill explicitly addresses “state agency” employees and does not regulate private sector employers.
According to the official House Bill Summary dated March 7, 2025: “Directs each state agency to require an FTE perform all job duties at the agency’s office during regular work hours.”
Private sector employers are not mentioned in or covered by SB 1237.
Source: Arizona Legislature House Bill Summary SB1237
Available at: https://www.azleg.gov/legtext/57leg/1R/summary/H.SB1237_030725_RO.DOCX.htm
Can my employer force me back to the office in Arizona?
In most circumstances, yes. Arizona is an at-will employment state, meaning employers may generally change workplace policies, including location requirements, unless:
- You have an employment contract that specifies remote work or location
- You are covered by a collective bargaining agreement that addresses remote work
- The employer’s policy violates anti-discrimination laws
- You require a reasonable accommodation for a disability
- The requirement constitutes unlawful retaliation
According to Arizona Revised Statutes § 23-1501: “The employment relationship is severable at the pleasure of either the employee or the employer unless both the employee and the employer have signed a written contract to the contrary.”
If you have a disability that requires remote work as a reasonable accommodation, your employer must engage in an interactive process and may not deny the accommodation unless it imposes an undue hardship.
Source: Arizona Revised Statutes § 23-1501
Available at: https://www.azleg.gov/ars/23/01501.htm
For specific situations involving contracts, accommodations, or potential discrimination, consult a licensed Arizona employment attorney.
What are my accommodation rights under Arizona law?
Arizona law protects employees with disabilities through the Arizona Americans with Disabilities Act, which adopts the federal ADA by reference. According to Arizona Revised Statutes § 41-1492, “‘Arizona ADA’ means 42 United States Code sections 12101 through 12213.”
Your rights include:
Right to reasonable accommodation: If you have a disability as defined by the ADA, your employer must provide reasonable accommodations that enable you to perform the essential functions of your job, unless doing so would impose an undue hardship.
Remote work as accommodation: Remote work may be a reasonable accommodation if it would be effective in enabling you to perform your essential job functions. According to EEOC guidance, employers should consider whether remote work is feasible, especially if the employer previously allowed remote work during the COVID-19 pandemic.
Interactive process: Your employer must engage in an informal dialogue with you to determine an effective accommodation.
Protection from retaliation: Your employer may not retaliate against you for requesting an accommodation.
Accommodation coverage: The Arizona ADA and federal ADA apply to employers with 15 or more employees.
To request an accommodation:
- Inform your employer that you need a workplace adjustment due to a medical condition
- Provide information about your functional limitations
- Suggest possible accommodations (though the employer may choose among effective options)
- Participate in the interactive process
- Provide medical documentation if requested
Source: Arizona Revised Statutes § 41-1492; EEOC guidance
Available at: https://www.azleg.gov/ars/41/01492.htm and https://www.eeoc.gov
How do I file a discrimination complaint in Arizona?
You have two options: file with the Arizona Attorney General’s Civil Rights Division or file with the U.S. Equal Employment Opportunity Commission (EEOC). In many cases, filing with one agency automatically dual-files with the other.
Arizona Attorney General’s Civil Rights Division:
Deadline: 180 days from the discriminatory act (may be extended to 300 days for dual-filed charges)
How to file:
Online: Visit https://www.azag.gov/civil-rights and use the online intake system
By phone:
- Phoenix: (602) 542-5025 or toll-free (877) 491-5742
- Tucson: (520) 628-6500 or toll-free (877) 491-5740
By mail:
- Phoenix: 2005 N. Central Avenue, Phoenix, AZ 85004
- Tucson: 400 West Congress, South Building, Suite 315, Tucson, AZ 85701-1367
In person: Visit either office during business hours (Monday-Friday, 8:00 AM – 5:00 PM)
U.S. Equal Employment Opportunity Commission (EEOC):
Deadline: 300 days from the discriminatory act in Arizona (180 days for some claims)
How to file:
Online (recommended): Visit https://publicportal.eeoc.gov/portal/ to submit an inquiry and schedule an appointment
By phone: Call 1-800-669-4000 (TTY: 1-800-669-6820)
In person: Visit the Phoenix District Office at 3300 N. Central Avenue, Suite 690, Phoenix, AZ 85012 (appointment recommended)
What happens after filing:
The agency will investigate your charge, notify your employer, gather evidence, and make a determination. If discrimination is found, the agency will attempt conciliation. You also have the right to file a lawsuit in court.
Sources:
- Arizona Attorney General’s Civil Rights Division: https://www.azag.gov/civil-rights
- EEOC Phoenix District Office: https://www.eeoc.gov/field-office/phoenix/location
Can I request remote work as a reasonable accommodation?
Yes, you may request remote work as a reasonable accommodation if you have a disability and remote work would enable you to perform the essential functions of your job. However, your employer is not automatically required to grant this request.
Legal standard:
According to EEOC guidance, “An employee with a disability may be entitled to telework as a reasonable accommodation, absent undue hardship, if telework would be effective in enabling the individual to perform the essential functions of the employee’s job.”
Factors employers consider:
- Whether you can perform essential job functions remotely
- Whether the employer previously allowed remote work for your position
- Whether the position requires in-person interaction
- The technological feasibility of remote work
- Whether remote work would impose undue hardship
Relevant consideration: If your employer allowed remote work during the COVID-19 pandemic, this may be evidence that the essential functions of your job can be performed remotely.
The accommodation process:
- Request accommodation: Tell your employer you need remote work due to a medical condition
- Provide information: Explain how your disability affects your ability to work in the office
- Medical documentation: Your employer may request medical documentation
- Interactive process: Work with your employer to explore accommodation options
- Employer decision: Your employer must provide an effective accommodation unless it imposes undue hardship
Alternative accommodations: If full-time remote work imposes undue hardship, your employer should consider alternatives such as hybrid schedules, modified work hours, or other accommodations.
If denied: If your employer denies your accommodation request, ask for a written explanation. You may file a complaint with the Arizona Attorney General’s Civil Rights Division or EEOC if you believe the denial was improper.
Source: EEOC guidance on reasonable accommodation
Available at: https://www.eeoc.gov/laws/guidance/
What is Arizona’s Civil Rights Act?
The Arizona Civil Rights Act (ACRA) is the state law that prohibits discrimination in employment, housing, public accommodations, and voting. The law is codified in Arizona Revised Statutes Title 41, Chapter 9.
According to the Arizona Attorney General’s Civil Rights Division:
“The Arizona Attorney General’s Civil Rights Division (Division) enforces the Arizona civil rights laws known as the Arizona Civil Rights Act (ACRA). The ACRA protects Arizonans from unlawful discrimination in employment, housing, voting, and public accommodations.”
Protected classes under Arizona employment law:
- Race
- Color
- Religion
- Sex (including pregnancy, childbirth, or related medical conditions)
- Age (40 and older)
- National origin
- Disability
Coverage: The ACRA applies to employers with 15 or more employees. For age discrimination, Arizona law covers employers with 15-19 employees (broader than federal law which requires 20+ employees).
Unlawful practices: According to A.R.S. § 41-1463, it is unlawful for employers to:
- Fail or refuse to hire, discharge, or discriminate in compensation or terms of employment based on protected class
- Limit, segregate, or classify employees in ways that would deprive them of opportunities based on protected class
- Retaliate against employees who oppose discriminatory practices or participate in investigations
Enforcement: The Arizona Attorney General’s Civil Rights Division investigates and litigates civil rights complaints.
Sources:
- Arizona Revised Statutes § 41-1461 through § 41-1465
- Available at: https://www.azleg.gov/ars/41/title41.htm
- Arizona Attorney General’s Civil Rights Division FAQ: https://www.azag.gov/civil-rights/faq
Where do I file an EEOC complaint in Arizona?
File with the EEOC Phoenix District Office, which has jurisdiction over Arizona, Colorado, Utah, Wyoming, and parts of New Mexico.
EEOC Phoenix District Office:
Address:
U.S. Equal Employment Opportunity Commission
Phoenix District Office
3300 N. Central Avenue, Suite 690
Phoenix, AZ 85012
Location: SW corner of Central & Osborn; light rail accessible; parking garage behind building
Contact information:
- Toll-free: 1-800-669-4000
- TTY (Deaf/Hard of Hearing): 1-800-669-6820
- ASL Video Phone: 1-844-234-5122
- Local office: (602) 661-0002
- Email: phoenix.intake@eeoc.gov
How to file:
Online (recommended): https://publicportal.eeoc.gov/portal/
The EEOC Public Portal allows you to:
- Submit an inquiry
- Schedule an appointment (telephone, video, or in-person)
- Track your charge status
By phone: Call 1-800-669-4000 to speak with an EEOC representative
In person: Walk-ins accepted but appointments strongly recommended
Office hours:
- Lobby: 8:00 AM – 4:00 PM, Monday through Friday
- Interviews: Every day except Wednesdays
- Last appointment: 2:30 PM
Filing deadlines:
- 300 days from discrimination in Arizona (for most claims)
- 180 days for claims not covered by state law
According to the EEOC: “There are strict deadlines for filing a charge of discrimination.” Do not delay in filing if you believe you have experienced discrimination.
Source: EEOC Phoenix District Office
Available at: https://www.eeoc.gov/field-office/phoenix/location
What is at-will employment in Arizona?
At-will employment means that either the employer or employee may end the employment relationship at any time, for any reason, without advance notice, unless there is a written contract to the contrary or the reason is unlawful.
According to Arizona Revised Statutes § 23-1501(A):
“1. All employment is presumed to be at will.
- The employment relationship is severable at the pleasure of either the employee or the employer unless both the employee and the employer have signed a written contract to the contrary setting forth that the employment relationship shall remain in effect for a specified duration of time or otherwise expressly restricting the right of either party to terminate the employment relationship.”
What at-will means in practice:
- Employers may change workplace policies, including requiring return to office
- Employers may terminate employment without cause (subject to exceptions below)
- Employees may resign at any time without penalty
- No advance notice is legally required (though employer policies may differ)
Exceptions to at-will employment:
Arizona law protects employees from wrongful termination in specific circumstances. According to A.R.S. § 23-1501(A)(3), an employer may not terminate an employee for:
- Refusing to commit an illegal act
- Reporting employer violations of law (whistleblowing)
- Exercising workers’ compensation rights
- Taking leave for jury duty
- Other statutorily protected activities
Additionally, employers may not terminate employees:
- In violation of anti-discrimination laws
- In breach of an employment contract
- In violation of public policy
- In retaliation for protected activities
Written contracts override at-will:
If both employer and employee have signed a written employment contract specifying duration or restricting termination rights, the at-will presumption does not apply. The contract terms govern the employment relationship.
Employee handbooks: Handbook provisions may constitute a contract if the handbook expressly states it is a contract of employment, according to A.R.S. § 23-1501.
Source: Arizona Revised Statutes § 23-1501
Available at: https://www.azleg.gov/ars/23/01501.htm
For questions about whether your termination or policy change violates Arizona law, consult a licensed employment attorney.
What is the difference between state employee and private sector RTO requirements in Arizona?
State employees and private sector employees face different regulatory frameworks regarding return to office requirements.
State Employees:
Pending legislation: Senate Bill 1237, if enacted, would prohibit remote work for state employees except in limited circumstances.
Current status: As of January 2026, SB 1237 passed the Arizona Senate but has not become law. If enacted:
- Full-time state employees would be required to work at their agency’s office
- Exception for illness (with supervisor approval)
- Exception for field work (site visits, inspections)
- Virtual meetings and conference calls would not be considered remote work
Historical context: According to legislative documents, 41% of state employees (15,909 workers) worked remotely as of December 31, 2024, either full-time or on a hybrid basis.
Source: Arizona Legislature SB 1237
Available at: https://www.azleg.gov/legtext/57leg/1R/bills/SB1237.htm
Private Sector Employees:
No RTO legislation: Arizona has not enacted any laws governing return to office requirements for private employers.
At-will framework: Private employers may implement return to office policies under Arizona’s at-will employment framework.
Legal requirements: Private employers must comply with:
- Anti-discrimination laws (Arizona Civil Rights Act, federal civil rights laws)
- Reasonable accommodation requirements (Arizona ADA, federal ADA)
- Employment contracts and collective bargaining agreements
- Anti-retaliation protections
Accommodation rights: Private sector employees with disabilities may request remote work as a reasonable accommodation. Employers must engage in an interactive process and may not deny accommodations unless they impose undue hardship.
Key difference: State employee RTO requirements (if SB 1237 is enacted) would be mandated by statute with limited exceptions. Private sector RTO policies are at employer discretion, subject to anti-discrimination and accommodation obligations.
Sources:
- Arizona Legislature SB 1237: https://www.azleg.gov/legtext/57leg/1R/bills/SB1237.htm
- Arizona Revised Statutes § 23-1501: https://www.azleg.gov/ars/23/01501.htm
When did Arizona’s telework program begin?
Arizona’s telework program for state employees began as a pilot program in the 1990s, initially focused on air quality improvement.
According to the official House Bill Summary for SB 1237:
“Arizona’s Telework Program began initially as a pilot program in the 1990s as a means to improve Arizona’s air quality through alternate travel mode and travel reduction measures (A.R.S. § 49-588).”
Historical timeline:
Early 1990s: Pilot telework program established for air quality purposes
Executive Order 93-4: All agencies, boards, and commissions were authorized to phase in a telecommuting program administered by the Arizona Department of Commerce Energy Office
2003 – Executive Order 2003-11: Program transferred to Arizona Department of Administration; mandated that every state agency implement the Telework Program with a goal of 20% of employees in Maricopa County actively participating
Pre-March 2020: Fewer than 10% of state employees worked remotely
December 31, 2024: 15,909 employees (41% of state workforce) worked remotely, either full-time or periodically
Cost savings: Remote work reportedly saved Arizona approximately $32 million annually in rent costs and $58.6 million in deferred maintenance costs since fiscal year 2021, according to the Arizona Department of Administration.
Source: Arizona Legislature House Bill Summary SB1237
Available at: https://www.azleg.gov/legtext/57leg/1R/summary/H.SB1237_030725_RO.DOCX.htm
Is there pending RTO legislation in Arizona beyond SB 1237?
As of January 5, 2026, no other return to office legislation has been identified beyond Senate Bill 1237.
Legislative search conducted:
Date: January 5, 2026
Source: Arizona Legislature website (azleg.gov)
Search terms: “return to office”, “remote work”, “telework”, “work from home”
Result: SB 1237 is the only identified legislation addressing return to office requirements. This bill applies exclusively to state government employees.
No private sector legislation: No bills have been introduced or enacted that would regulate return to office requirements for private sector employers in Arizona.
57th Legislature, 1st Regular Session: Review of the current legislative session’s bills revealed no additional RTO-related legislation.
Governor’s position: Multiple news sources reported that SB 1237, if passed by the Arizona House, was expected to receive a veto from Governor Katie Hobbs.
Monitoring future legislation:
To monitor potential future legislation:
Arizona Legislature website: https://www.azleg.gov
Bill search: https://www.azleg.gov/bills/
Session information: Updated regularly during legislative sessions
Individuals interested in tracking legislation should search the Arizona Legislature website using relevant keywords and review bill status updates.
Source: Arizona Legislature
Available at: https://www.azleg.gov
What accommodation-related documentation can my employer request?
When you request a reasonable accommodation, your employer may request medical documentation if your disability or need for accommodation is not obvious.
What employers MAY request:
According to EEOC guidance, employers may ask healthcare providers:
About the disability:
- Nature of the medical condition
- Whether the employee has a disability under the ADA
- Duration of the condition (permanent, temporary, or intermittent)
About functional limitations:
- What activities or major life activities the impairment limits
- The extent to which the impairment limits the employee’s ability to perform job-related functions
- Whether the employee can perform essential job functions with or without accommodation
About accommodation:
- Why an accommodation is needed
- What type of accommodation might be effective
- How the suggested accommodation would help the employee perform job functions
Medical documentation should:
- Come from an appropriate healthcare provider (physician, psychologist, or other qualified professional)
- Describe the impairment and how it affects the employee
- Substantiate why the accommodation is needed
- Suggest possible accommodations (though employer may choose among effective options)
What employers MAY NOT request:
According to EEOC guidance and ADA regulations, employers should NOT request:
- Complete medical records
- Information unrelated to the accommodation request
- Genetic information
- Diagnosis alone (without functional limitations)
- Unnecessary details about the nature of the disability
Confidentiality requirements:
All medical information obtained by an employer must be:
- Kept confidential
- Maintained in separate medical files (not personnel files)
- Shared only on a “need to know” basis
According to 42 U.S.C. § 12112(d)(3)(B), medical information must be kept confidential and maintained separately.
If employer requests unnecessary information:
If you believe your employer is requesting more medical information than necessary:
- Discuss with your employer what specific information is needed
- Have your healthcare provider clarify what information is relevant
- Consider consulting with an employment attorney
- If the request seems improper, you may file a complaint
Source: EEOC Enforcement Guidance on Reasonable Accommodation and Undue Hardship
Available at: https://www.eeoc.gov/laws/guidance/
How long does the EEOC investigation process take?
The duration of EEOC investigations varies depending on the complexity of the case, but the EEOC aims to complete investigations as promptly as possible.
Typical timeline:
Charge filing: Day 1 – You file a charge of discrimination
Notification: Within 10 days – EEOC notifies the employer and provides a copy of the charge
Investigation: 6-10 months (average) – EEOC gathers information from both parties
Determination: After investigation complete – EEOC issues cause or no-cause determination
Total time: Generally 6-12 months from filing to determination, but can be longer for complex cases
According to EEOC:
“The length of time it takes to process a charge varies depending on a number of factors, such as the complexity of the charge and whether the employer contests the charge. Generally, charges are resolved within 10 months.”
Expediting your case:
You may request a “Notice of Right to Sue” letter at any time, which allows you to file a lawsuit without waiting for the EEOC to complete its investigation. You may request this:
- Immediately (before investigation begins)
- At any time during investigation
- After 180 days from filing your charge
Note: Requesting a right-to-sue letter ends the EEOC’s investigation. Consider consulting with an employment attorney before making this decision.
Priority handling:
Some cases receive expedited handling:
- Cases involving ongoing discrimination
- Cases where charging party has imminent harm
- Systemic discrimination affecting multiple workers
- Cases with risk of evidence destruction
Checking status:
You can check your charge status:
- Through the EEOC Public Portal: https://publicportal.eeoc.gov/portal/
- By calling the EEOC office handling your charge
- By contacting the investigator assigned to your case
Source: EEOC procedures and guidance
Available at: https://www.eeoc.gov
Can my employer retaliate against me for requesting accommodation?
No. Both federal and Arizona law prohibit retaliation against employees who request reasonable accommodations or exercise their rights under disability discrimination laws.
Federal ADA protection:
According to 42 U.S.C. § 12203(a), it is unlawful to:
“coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of” rights under the ADA, or to retaliate against anyone who has “opposed any act or practice made unlawful” by the ADA or who has participated in ADA-related proceedings.
Arizona Civil Rights Act protection:
According to the Arizona Attorney General’s Civil Rights Division:
“The ACRA prohibits retaliation in employment, housing, and disability claims in public accommodations.”
“Retaliation is punishment in response to an individual’s protected activity. Examples of protected activities include, but are not limited to, filing a Charge of Discrimination with the Division, participating in an investigation, or filing a complaint with an employer.”
Protected activities include:
- Requesting a reasonable accommodation
- Filing a charge of discrimination
- Participating in an investigation or lawsuit
- Opposing discriminatory practices
- Discussing disability rights with employer
Examples of unlawful retaliation:
- Termination
- Demotion
- Reduced hours or pay
- Unfavorable job assignments
- Increased scrutiny or discipline
- Creating a hostile work environment
- Threats or intimidation
If you experience retaliation:
- Document everything: Keep records of accommodation requests, employer responses, and any adverse actions
- Report internally: Follow your employer’s complaint procedures if appropriate
- File a complaint: Contact the Arizona Attorney General’s Civil Rights Division or EEOC
- Consult an attorney: Consider speaking with an employment attorney about your rights
Filing deadlines for retaliation claims:
- Arizona: 180 days from retaliatory act (may extend to 300 days for dual-filed charges)
- Federal EEOC: 300 days in Arizona (180 days for some claims)
Note: Retaliation claims are separate from the underlying discrimination claim. You may have a valid retaliation claim even if your accommodation request was properly denied.
Sources:
- 42 U.S.C. § 12203 (ADA anti-retaliation provision)
- Arizona Attorney General’s Civil Rights Division FAQ: https://www.azag.gov/civil-rights/faq
- EEOC guidance on retaliation: https://www.eeoc.gov/laws/guidance/
What should I do if my accommodation request is denied?
If your employer denies your accommodation request, take the following steps:
1. Request written explanation
Ask your employer to provide a written explanation for the denial, including:
- Why the requested accommodation cannot be provided
- Whether the employer considered alternative accommodations
- The basis for any undue hardship determination
2. Discuss alternatives
The accommodation process should be interactive. Ask:
- Are there alternative accommodations the employer would consider?
- Can a modified version of your request be implemented?
- Would a temporary or trial accommodation be possible?
3. Provide additional information
If your employer denied the request due to insufficient information:
- Offer to provide additional medical documentation
- Clarify how the accommodation would enable you to perform essential functions
- Suggest a trial period to demonstrate effectiveness
4. Document everything
Keep records of:
- Your original accommodation request (date, method, content)
- All communications with your employer
- Any written denial or explanation
- Medical documentation provided
- Dates and details of interactive process discussions
5. File an internal complaint
If your employer has an internal complaint procedure:
- Follow the company’s process for appealing the decision
- Use any employee relations or human resources procedures
- Document your use of internal remedies
6. Seek external review
You have the right to file a complaint with government agencies:
Arizona Attorney General’s Civil Rights Division:
- Deadline: 180 days from denial
- Phone: (602) 542-5025 or (877) 491-5742
- Website: https://www.azag.gov/civil-rights
EEOC Phoenix District Office:
- Deadline: 300 days from denial
- Phone: 1-800-669-4000
- Public Portal: https://publicportal.eeoc.gov/portal/
7. Consult an attorney
Consider consulting with a licensed Arizona employment attorney to:
- Evaluate whether the denial was lawful
- Understand your options for challenging the denial
- Get advice on filing a complaint or lawsuit
- Determine if you have other potential legal claims
Important considerations:
Undue hardship is a high standard: Employers must demonstrate that an accommodation would impose “significant difficulty or expense.” General statements about cost or inconvenience are insufficient.
Alternative accommodations: If your specific request cannot be granted, your employer must consider alternative accommodations that would be effective.
Continuing to work: Consider whether you can continue working while challenging the denial. Discuss with an attorney whether resigning would affect your rights.
Retaliation protection: Your employer may not retaliate against you for requesting accommodation or filing a complaint.
Time limits matter: Do not delay in filing complaints. The 180-day and 300-day deadlines are strictly enforced.
Sources:
- EEOC guidance on reasonable accommodation
- Arizona Revised Statutes § 41-1492 (Arizona ADA)
- Arizona Attorney General’s Civil Rights Division: https://www.azag.gov/civil-rights