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REFERENCE TITLE: sexual harassment; training; poster |
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State of Arizona Senate Fifty-fourth Legislature Second Regular Session 2020
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SB 1451 |
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Introduced by Senators Navarrete: Alston, Bradley, Contreras, Gonzales; Representatives Andrade, Jermaine, Teller, Terán
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AN ACT
amending section 41‑1402, Arizona Revised Statutes; amending title 41, chapter 9, article 4, Arizona Revised Statutes, by adding section 41‑1469; relating to discrimination in employment.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 41-1402, Arizona Revised Statutes, is amended to read:
41-1402. Powers and duties of the division
A. The division may:
1. Employ an executive director for the board and other necessary personnel whose compensation shall be as determined pursuant to section 38‑611.
2. Subject to the provisions and restrictions of this chapter, cooperate with and enter into agreements with the United States equal employment opportunity commission, the United States department of housing and urban development and other United States agencies interested in practices governed by this chapter, accept monies from those agencies and carry out and perform the covenants and conditions of any written agreement with those agencies not inconsistent with or beyond this chapter.
3. Cooperate with and enter into agreements with state and local agencies not inconsistent with or beyond this chapter.
4. Intervene in a civil action brought under section 41‑1481 by a complainant against a defendant other than the state.
5. After studying recommendations of the board, issue, amend or rescind procedural rules to carry out this chapter.
6. Make periodic surveys of the existence and effect of discrimination because of race, color, religion, sex, age, disability, familial status or national origin in the enjoyment of civil rights by any person within this state as prescribed by this chapter.
7. Foster, through community effort, in cooperation with both public and private groups, the elimination of discrimination based on race, color, religion, sex, age, disability, familial status or national origin.
8. Issue publications of results of studies, investigations and research as in its judgment will tend to promote goodwill and the elimination of discrimination between persons because of race, color, religion, sex, age, disability, familial status or national origin.
9. Furnish persons subject to this chapter with such assistance as may be reasonably necessary to further compliance with this chapter.
B. The division shall:
1. Administer this chapter.
2. Create and post on the attorney general's website a poster on preventing discrimination in the workplace that includes information relating to the illegality of sexual harassment.
3. develop a sexual harassment training curriculum for employers. The training shall include information and practical guidance regarding federal and state laws relating to prohibiting, preventing and correcting sexual harassment and remedies available to victims of sexual harassment in the workplace.
2. 4. Report from time to time, but not less than once a year in December, to the legislature and the governor, describing its activities and accomplishments during the year, and file with each report a copy of all recommendations of the division as to additional remedial action by legislative enactment or otherwise.
Sec. 2. Title 41, chapter 9, article 4, Arizona Revised Statutes, is amended by adding section 41‑1469, to read:
41-1469. Sexual harassment; poster; training
Beginning January 1, 2021, each employer in this state shall ensure that the employer's workplace is free of sexual harassment by implementing the following minimum requirements:
1. Post the poster on preventing discrimination in the workplace that is created by the division in a prominent and accessible location in the workplace.
2. Provide at least two hours of sexual harassment training to all supervisory employees and at least one hour of sexual harassment training to all nonsupervisory employees within six months of employment. The employer shall provide sexual harassment training to all employees once every two years. The employer shall use the sexual harassment training that is developed by the division.
3. Provide training on harassment based on gender identity, gender expression and sexual orientation. The training shall include practical guidance and shall be conducted by a trainer or educator with knowledge and expertise in those areas.