Arizona Revised Statutes

Ariz. Rev. Stat. § 26-167 (2026)

Employment discrimination against national guard members prohibited; physical or economic duress to deter enlistment prohibited; violation; classification

✓ current as of May 2026
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A. A member of the national guard shall not, because of membership therein or absence from employment under competent military orders, be deprived of employment or prevented or obstructed in obtaining employment in his trade, occupation or profession, nor shall any person be dissuaded from enlisting in the military forces of the state or the United States by threat of or actual infliction of physical punishment or economic damage.

B. A person violating this section is guilty of a class 2 misdemeanor.

Notes of Decisions
Cited in 4 cases, 1977–2018 · leading case: Peterson v. Surprise, 418 P.3d 1020 (Ariz. Ct. App. 2018).
Peterson v. Surprise, 418 P.3d 1020 (Ariz. Ct. App. 2018). · cites it 2× “" ¶21 Under § 26-167(A), "[a] member of the national guard shall not, because of membership therein or absence from employment under competent military orders, be deprived of employment or prevented or obstructed in obtaining employment in his trade, occupation or profession.”
Larsen v. Motor Supply Co., 573 P.2d 907 (Ariz. Ct. App. 1977). · cites it 2× “§ 21-236 (jury duty) or A.R.S. §§ 26-167, 26-168 (national guard duty).”
MacK v. McDonnell Douglas Helicopter Co., 880 P.2d 1173 (Ariz. Ct. App. 1994). · cites it 2× “§ 23-1385, which prohibit retaliatory discharge and discrimination; and other statutes that protect employees from retaliation when they exercise voting rights (AR.”
Vermillion v. AAA Pro Moving & Storage, 704 P.2d 1360 (Ariz. Ct. App. 1985). · cites it 2× “§ 12-236 (jury duty) or A.R.S. §§ 26-167, 26-168 (national guard duty).”
Ariz. Rev. Stat. § 26-167(A): 1 case
Peterson v. Surprise, 418 P.3d 1020 (Ariz. Ct. App. 2018). “" ¶21 Under § 26-167(A), "[a] member of the national guard shall not, because of membership therein or absence from employment under competent military orders, be deprived of employment or prevented or obstructed in obtaining employment in his trade, occupation or profession.”
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