Senate Engrossed

public employees; merit; hiring practices

State of Arizona

Senate

Fifty-seventh Legislature

First Regular Session

2025

SENATE BILL 1584

An Act

amending title 38, chapter 3, article 4, Arizona Revised Statutes, by adding section 38-452; relating to public employees.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 38, chapter 3, article 4, Arizona Revised Statutes, is amended by adding section 38-452, to read:

START_STATUTE38-452. Public employees; merit-based hiring; definition

A. This state or a political subdivision of this state may not do either of the following:

1.A. This state or a political subdivision of this state may not [do either of the following:

1.] establish any policies or practices REQUIRING employees to be hired based on anything other than the merit of the employee.

2. MANIPULATE OR INFLUENCE THE COMPOSITION OF EMPLOYEES WITH REFERENCE TO RACE, ETHNICITY, SEX OR NATIONAL ORIGIN except to ENSURe COLOR-BLIND AND RACE-NEUTRAL HIRING IN ACCORDANCE WITH STATE AND FEDERAL ANTIDISCRIMINATION LAWS.

B. The attorney general, a county attorney or any other person may file for DECLARATORY RELIEF, injunctive RELIEF or damages for any violation of this section. A party that PREVAILS in an action against THIS STATE or A POLITICAL SUBDIVISION OF THIS STATE is entitled to costs and reasonable attorney fees.

C. this section does not contradict any state laws or federal employment laws that prohibit discriminatory PRACTICES.

D. For the purposes of this section, "merit" means an employee's qualifications, skills, knowledge, experience and demonstrated ability to perform the essential duties of a job, as determined through objective criteria, such as education, training, work history, job performance and any relevant assessments. END_STATUTE