A discrimination complaint is a complaint submitted by a person when they believe that they have been discriminated against on the basis of their race, color, ethnicity, national origin, disability, age, religion, sex, sexual orientation, gender, gender identity, veteran status, marital status or familial status.

In order to be protected by the NDO, a discrimination complaint must be in the areas of employment, housing or public accommodation within the Mesa city limits. It applies to employers with five or more employees; owners and renters of dwellings with certain limited exclusions; places of public accommodation, as defined in the ordinance; and labor organizations.  It also applies to the City of Mesa’s facilities, employees, contractors, and vendors. 

For example, a business is not permitted to deny any person the full and equal enjoyment of the business’s goods, services, facilities, privileges, advantages, and accommodations based on the protected classes. A business is also not permitted to exclude, refuse to provide services, offer lesser services, or disadvantage a person because of any of the protected classes of the ordinance.

Mesa's NDO

Protected classes are groups of people which cannot be targeted for discrimination. There are 14 protected classes in the non-discrimination ordinance (NDO): race, color, ethnicity, national origin, age, disability, religion, sex, sexual orientation, gender, gender identity, veteran status, marital status, or familial status.

A place of public accommodation is a facility, establishment, accommodation, service or commodity or use offered to or enjoyed by the general public. Some examples are hotels, restaurants, bars, retail establishments and movie theaters.

To refer to the full list of public accommodations under the NDO.

Individuals may submit a complaint online, by mail, or in person at the City Clerk’s Office.

Discrimination Complaint Form

No, there are no costs or fees associated with filing a complaint of discrimination.

Yes, complaints and associated documents filed with the City are presumptively public records.  In the event of a public records request, any documents deemed public records are carefully screened prior to disclosure to determine if any information should be redacted for privacy or other legal reasons.

No, anonymous complaints will not be accepted or investigated.

Yes, if a complaint is accepted for investigation after initial review, the complaint will be provided to the individual or business who the complaint is against, known as the “Respondent.”  The Respondent will be given a copy of the complaint so that it may file an answer.

Mesa may decline to accept or investigate a complaint for various reasons.  For example, a complaint that is not timely filed or verified will be dismissed.  If the location of the alleged violation is not in the City of Mesa, the complaint will be dismissed. The City will dismiss a complaint if a complaint alleging the same facts has been filed concurrently with a federal or state agency or court.  In these cases, the City will defer to the federal or state agency or court process. 

Mesa will notify the complainant of the acceptance or dismissal of the complaint and advise if further action is needed.

Yes, the City is committed to attempting to resolve all complaints through mediation or alternative means of resolution. In support of this commitment, the ordinance requires the City to seek resolution through mediation or alternative means for a first violation before issuing a citation.

The parties will be expected to participate in mediation or alternative means of resolving the dispute in good faith.  The failure of a complainant to participate in good faith may result in dismissal of the complaint. 

No, if a complaint is or has been filed with a federal or state agency, such as the EEOC or the Attorney General’s Office, or a court, a complaint filed with the City alleging the same facts will not be accepted or will be dismissed to avoid multiple legal actions.  In addition, any complaint that falls under the jurisdiction of a federal or state agency or court will be referred to the appropriate agency. 

Each complaint is carefully reviewed by the City Manager’s Office to ensure that sufficient evidence of a possible violation of the ordinance exists to merit acceptance of the complaint.  

When a complaint is accepted, the individual or business will be notified in writing and will receive a copy of the complaint.  The individual or business must file a written verified response within 30 days.  If no response is filed, the allegations in the complaint will be deemed admitted and the individual/business will be found responsible. A finding of responsibility will result in the appropriate civil penalty. 

If a response is timely filed (within 30 days), the City will attempt to resolve the complaint through mediation or alternative means of resolution. If the complaint is not dismissed and mediation attempts or other alternative means of resolution are unsuccessful, the City will investigate the allegations to determine if there is sufficient evidence to establish reasonable cause that the ordinance has been violated.

No, there is no requirement to hire an attorney. The City is committed to resolving complaints through voluntary compliance, informal measures, mediation, or other alternative means of resolution short of citation. While there is no requirement to hire an attorney, any individual or business is welcome to obtain legal counsel at any time during the process.

The City is committed to attempting to resolve all complaints through mediation or alternative means of resolution. In support of this commitment, the ordinance requires the City to seek resolution through mediation or alternative means on a first violation before issuing a citation. 

The parties will be expected to participate in mediation or alternative means of resolving the dispute in good faith. If an individual or business that is the subject of a complaint does not participate in good faith in mediation or alternative means of resolution, the City will determine that such attempts were unsuccessful, and it will proceed to investigation the allegations in the complaint to determine if there is sufficient evidence to establish reasonable cause that the ordinance has been violated.

If a complaint cannot be resolved through mediation or alternative means, the complaint will be investigated by the City and to determine if there is sufficient evidence to establish reasonable cause that the ordinance has been violated.

If you receive a citation, you will have the option of either paying the civil sanction and fees set forth in the citation or appearing before the Civil Hearing Officer to admit or deny the allegations.  If the allegations are admitted, the Civil Hearing Officer will enter judgment against you and enter the appropriate civil sanction and fees.  If the allegations are denied, the Civil Hearing Officer will set the matter for a hearing. Information regarding the hearing can be found on the Court site.

If you fail to pay the fine or appear before the Civil Hearing Officer on or before the time directed in the citation, the Civil Hearing Officer will enter a finding of responsible and impose the applicable sanction. 

A violation of the NDO is a civil violation.  A person or business found responsible for a first violation will be fined a penalty of $300.00 per offense.  The penalty for a second violation within 12 months of being held responsible for a prior violation is not less than $300 nor more than $2,500 per offense.  For a third or subsequent violation within 24 months of being held responsible for two prior violations, the penalty is not less than $600 nor more than $2,500 per offense. 

The ordinance allows businesses to continue to maintain single-sex designated areas, such as restrooms, locker rooms, changing areas, and fitting rooms.  It requires covered businesses to allow all individuals to use such areas consistent with the gender they identify.  

No, the ordinance does not require retrofitting of restrooms or any other physical modifications to businesses. It does require businesses to allow individuals to use the restroom of the gender with which they identify. A business can install unisex bathrooms if desired.

Gender identity is defined in the ordinance as: “The actual or perceived gender-related identity, expression, appearance, or mannerisms, or other gender-related characteristics of an individual, regardless of the individual’s designated sex at birth.” 

The ordinance prohibits discrimination based on someone’s actual or perceived gender identity. This means that an individual cannot be discriminated for being transgender, or believed to be transgender, as it applies to the parameters of the ordinance. The ordinance does not provide protections to individuals pretending to be transgender for the purpose of engaging in inappropriate, disorderly, or criminal activity or behavior.   

The ordinance recognizes First Amendment rights through a specific exclusion for speech and expressive activities and the free exercise of religion. Whether an activity is protected under the First Amendment is a fact-specific inquiry. The City will apply federal and state statutes, as interpreted in binding judicial decisions, in making these determinations. 

No, the ordinance does not prohibit single-sex sports leagues. It only requires private single-sex sports leagues to allow individuals to participate consistent with their gender identity.

The ordinance does not permit or excuse inappropriate or unlawful activity. The ordinance protects the legitimate use of facilities; it is not an excuse to misuse the law for criminal purposes or even for reasons of convenience. A business may contact the Mesa Police Department to report any inappropriate or unlawful activity without being deemed in violation of the NDO.

If you have any questions regarding this FAQ or the ordinance, please contact diversity.info@mesaaz.gov or 480-644-5034.

If you wish to mail the complaint form or any other correspondence, please send to: