Arizona Constitution Article 18 - LABOR
Arizona Constitution – Article 18: Labor
Overview:
Article 18 of the Arizona Constitution focuses on labor rights, workplace protections, and workers' compensation. It contains several sections that provide specific guarantees for employees, as well as limits on employer liability and state power in regulating labor.
Key Sections of Article 18:
Here is a summary of the most important provisions:
Section 1: Industry regulations
“The legislature shall enact laws for the protection of life, limb, and health of employees, and fix penalties for violation thereof.”
➡ This mandates that the state legislature must create laws to protect workers' safety and health in the workplace.
Section 2: Contract waivers void
“No law shall be enacted by the state granting to any employee the right to contract away his right to recover damages for injuries.”
➡ Workers cannot waive their right to injury compensation, even through a contract. This protects workers from being exploited.
Section 3: Contributory negligence does not bar recovery
“The defense of contributory negligence or of assumption of risk shall, in all cases whatsoever, be a question of fact and shall, at all times, be left to the jury.”
➡ If a worker is partially at fault for their own injury, a jury decides if they can still recover damages—not a judge.
Section 4: Fellow-servant rule not a defense
“The common law doctrine of the fellow-servant rule shall not be a defense...”
➡ Employers cannot avoid liability for workplace injuries by blaming another employee.
Section 5: Right to recover damages
“The right of action to recover damages for injuries shall never be abrogated, and the amount recovered shall not be subject to any statutory limitation.”
➡ Workers always retain the right to sue for workplace injuries, and damages cannot be capped by law.
Section 6: Workmen’s Compensation Law
Allows for a system of mandatory workers' compensation, where workers give up the right to sue in exchange for guaranteed benefits.
Section 7: Employment of aliens
Prohibits discrimination against non-citizens in employment.
Section 8: Blacklisting
Prohibits the practice of “blacklisting” employees (i.e., preventing them from finding other work).
Section 9: Right to work
“No person shall be denied the opportunity to obtain or retain employment because of non-membership in a labor organization.”
➡ Arizona is a right-to-work state, meaning employees can’t be forced to join or pay dues to a union as a condition of employment.
Summary:
Article 18 of the Arizona Constitution:
Provides strong protections for workers,
Limits employer defenses,
Supports workers’ compensation,
Bans blacklisting and forced union membership,
Guarantees equal employment opportunity, including for non-citizens.
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