§ 6.1.7 CATEGORIES OF VIOLATION OF PUBLIC POLICY.

• Jurisdiction: Arizona

§ 6.1.7 Categories of Violation of Public Policy. In Burris v. City of Phoenix²¹⁶ and Bogue v. Better-Bilt Aluminum Co.,²¹⁷ the Arizona Court of Appeals declined to recognize tort claims for wrongful failure to hire in violation of public policy.²¹⁸ In Mintz v. Bell Atlantic Systems Leasing International, Inc.,²¹⁹ the same court relied on Burris and Bogue in declining to recognize a tort claim for wrongful failure to promote.²²⁰

In Spratt v. Northern Automotive Corp.,²²¹ an Arizona district court judge in turn relied on the analysis in Mintz in suggesting that there is likewise no public policy tort claim for wrongful maintenance of a hostile work environment.²²² The Mintz court summarized the reasoning underlying these decisions in the following terms:

Recognizing a retaliation tort for actions short of termination could subject employers to torrents of unwarranted and vexatious suits filed by disgruntled employees at every juncture in the employment process. And why stop at demotions? If . . . a demotion raises the same policy concerns as a termination, so too would transfers, alterations in job duties, and perhaps even disciplinary...