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REFERENCE TITLE: employers; employee salary history; prohibitions |
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State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session 2022
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HB 2091 |
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Introduced by Representatives Salman: Cano, Dalessandro, Hernandez M, Senators Mendez, Terán
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AN ACT
amending title 23, chapter 2, article 1, Arizona Revised Statutes, by adding section 23-207; relating to employment practices.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 23, chapter 2, article 1, Arizona Revised Statutes, is amended by adding section 23-207, to read:
23-207. Wage, salary and benefit history; civil penalty; civil action
A. An employer may not do any of the following:
1. Screen a prospective employee based on the prospective employee's previous wage or salary history, including benefits or other compensation. For the purposes of this paragraph, screening a prospective employee based on the prospective employee's previous wage or salary history includes both of the following:
(a) Requiring that a prospective employee's previous wage or salary history, including benefits or other compensation, satisfies minimum or maximum criteria.
(b) Requesting or requiring as a condition of being interviewed, as a condition of continuing to be considered for an offer of employment or as a condition of employment that a prospective employee disclose previous wage or salary history, including benefits or other compensation.
2. Seek the previous wage or salary history, including benefits or other compensation, of any prospective employee from any current or former employer of the prospective employee.
3. Check public records for a prospective employee's previous wage history or salary history, including benefits or other compensation.
4. Discharge or in any other manner retaliate against any employee or prospective employee because the employee either:
(a) Opposed or is about to make a complaint relating to any act or practice that is prohibited by this section.
(b) Testified or is about to testify, assist or participate in any manner in an investigation or proceeding relating to any act or practice that is prohibited by this section.
B. Any person that violates this section is subject to a civil penalty of $5,000 for a first offense and an additional $1,000 for each subsequent offense, not to exceed $10,000.
C. Any person that violates this section is liable to each employee or prospective employee who was the subject of the violation for special damages not to exceed $10,000 plus attorney fees and is subject to injunctive relief as may be appropriate.
D. An action to recover the liability described in subsection C of this section may be maintained against any employer in any court of competent jurisdiction by any one or more employees for and on behalf of the employee or employees and other employees similarly situated.