Arizona law (A.R.S. § 23-1361(A)) prohibits “blacklisting,” which occurs when employers exchange, solicit, or issue a “blacklist” in an effort to prevent employees from working.
Blacklist laws originated in the late-nineteenth century in an effort to prevent labor organizing. At the time, labor and employment law did not protect union membership as strongly as it does today. Thus, employers exchanged lists of pro-union employees in an effort to avoid employing them and having to deal with unions. Today, many states–including Arizona–have blacklist laws in place to prevent this practice. While they originated mainly due to union-related blacklists, these laws prohibit blacklists for any reason.
Note that this does not prevent employers from exchanging information regarding work performance, behavioral history, education, training, or other job qualifications. Employers may still share information needed to fully evaluate an employee or applicant. They may not, however, share the names of employees for the purpose of preventing them from working (due to any number of reasons, such as an employee’s union views, a previous filing for workers compensation, or a prior lawsuit against an employer).
If you think you have been the victim of blacklisting, contact Hall & Chelle at 480-422-4529.
