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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
public employers; postsecondary degree requirements
Purpose
Effective January 1, 2024, prohibits a public employer from rejecting an applicant solely for not having a postsecondary degree, except on a clear demonstration the degree is necessary. Outlines job posting requirements for a public employer and enforcement by the State Personnel Board (Board).
Background
The Arizona Department of Administration (ADOA) is responsible for administering the State Personnel System. ADOA must adopt personnel and personnel administration rules for both covered and uncovered employees, including for the establishment and maintenance of classification and compensation plans and the recruitment, selection and appointment process of eligible applicants (A.R.S. §§ 41-741 and 41-743). ADOA groups positions into classes based on similarities of duties and responsibilities. Class specifications contain a statement of the minimum education, experience, competencies and other qualifications required to perform the work. An agency head must ensure that any candidate selected for hire meets the established qualifications for the position filled (A.A.C. R2-5A-201 and R2-5A-304).
The Board is charged with hearing and reviewing, through an informal administrative process, appeals relating to the dismissal of a covered state employee from covered state service, suspension for more than 80 working hours or involuntary demotion resulting from disciplinary action. The Board is also charged with hearing and reviewing whistleblower complaints relating to any personnel action taken against a state employee or former state employee which is believed to have been taken in reprisal for the employee's or former employee's disclosure of information to the public body (A.R.S. Title 38, Ch. 3, Art. 9 and Title 41 Ch. 4, Art. 6).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits a public employer from rejecting an applicant solely for not having a postsecondary degree.
2. Requires a public employer to determine the baseline requirements for applicants for each job posting.
3. Allows the baseline requirements to include:
a) previous direct experience;
b) certifications; and
c) courses.
4. Restricts a public employer from including a postsecondary degree as a baseline requirement, except only as an alternative to a particular number of years of direct experience that may not be more than:
a) two years for an associate's degree;
b) four years for a bachelor's degree;
c) six years for a master's degree;
d) seven years for a professional degree; or
e) nine years for a doctoral degree.
5. Exempts a public employer from postsecondary degree restrictions if the public employer clearly demonstrates that a job's duties require a postsecondary degree.
6. Requires, if exempt from the postsecondary degree restriction, the public employer's job posting to:
a) describe the necessity for a postsecondary degree; and
b) explain why a postsecondary degree is the best measure to determine if an applicant possesses the specific skills necessary for the position or indicate that the position requires advanced accreditation or licensure that is only available to holders of specific postsecondary degrees.
7. Requires a public employer to provide written notice to each applicant who is eliminated from hiring consideration that identifies the reason the applicant did not meet baseline requirements for the job posting.
8. Directs the Board to enforce compliance with the postsecondary degree restrictions.
9. Allows an applicant who is eliminated from hiring consideration and reasonably believes the decision was based on the applicant's lack of postsecondary degree to appeal the decision to the Board.
10. Allows any person to report to the Board a public employer that posts open positions that require a postsecondary degree and that fails to include the required explanation for the necessity of the degree.
11. Allows the Board, if an appeal or report is substantiated, to require the public employer to:
a) reopen the hiring process;
b) modify the job posting; or
c) take any other actions as necessary to meet compliance.
12. Specifies that the postsecondary degree restrictions do not apply to political appointments.
13. Defines baseline requirements as the minimum skills, previous training or previous experience that are necessary to perform the primary duties of the position.
14. Defines direct experience as any verifiable work experience where an applicant's primary duties were consistent with the primary duties of the position currently sought or where an applicant's current skills are applicable to the position currently sought.
15. Defines hiring consideration to mean any of the following:
a) a decision to move an applicant to a subsequent round in the hiring process;
b) a decision to include an applicant on a list of applicants for consideration by another member of the employer's team;
c) a decision to offer an applicant an interview;
d) an interview held in good faith between the employer and the applicant; or
e) a final offer of employment.
16. Defines terms.
17. Contains a statement of legislative findings.
18. Designates this legislation as the Expanding Public Sector Career Opportunities Act.
19. Becomes effective on January 1, 2024.
Prepared by Senate Research
January 30, 2023
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