Section R20-5-681. Elements of a Violation of A.R.S. § 23-425

To establish a violation of A.R.S. § 23-425(A), the employee shall prove all of the following:

1.        The employee was engaged in protected activities as defined in R20-5-680.

2.        The employer had knowledge of the employee’s pro- tected activities prior to the adverse action which the employee claims to be a discharge or discrimination.

3.        The action claimed to be discharge or discrimination was adverse to the employee.

4.        The protected activity was a substantial reason for the alleged discharge or discrimination or the alleged dis- charge or discrimination would not have taken place but for the employee’s engagement in the protected activity.

Historical Note

Adopted effective May 3, 1989 (Supp. 89-2). R20-5-681 recodified from R4-13-681 (Supp. 95-1).