Section R6-2-202. Employer Services

A.      The Department shall require the following information from an employer who places a job order:

1.        A description of the essential functions of the job in suffi- cient detail to permit the Department to ascertain the qualifications a worker needs to satisfactorily perform the work, with or without reasonable accommodation;

2.        An employer’s hiring requirements, including the type of license or certification needed, or the type of equipment or tools the worker must supply;

3.        The terms and conditions of work, including hours, sal- ary, benefits, promotional opportunities, and travel requirements;

4.        The job location and  instructions for arranging a  job interview.

B.       The Department shall refer workers to the employer who most closely match the requirements in the job order. If qualified workers are not available from the Department’s files and, if resources are available, the Department shall recruit qualified workers to fill the employer’s order.

C.      The Department shall not accept a job order from an employer for processing if:

1.        The employer’s requirements are discriminatory based on age, sex, national origin, or religion, unless the discrimi- natory characteristic is a bona fide occupational qualifica- tion necessary to perform the job. An example of a bona fide occupational qualification that is not discriminatory

is the requirement for a female worker in a female inti- mate apparel retail outlet.

2.        The terms and conditions of work are substandard under A.R.S. § 23-776(C)(2).

3.        The position is vacant due directly to a strike, lockout, or other labor dispute or conflict between employers and workers, including wage disputes and collective bargain- ing efforts.

4.        A worker is required to pay a fee for the job.

D.      If an employer refuses to modify a job order deemed unaccept- able by subsection (C), the Department shall notify the employer in writing of discontinuance of services. The notifi- cation shall include the employer’s right of appeal.

Historical Note

Adopted effective September 24, 1975 (Supp. 75-1). Section repealed, new Section adopted effective December 20, 1994 (Supp. 94-4). Section repealed, new

Section adopted at 5 A.A.R. 2155, effective June 18,

1999 (Supp. 99-2).