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ARIZONA HOUSE OF REPRESENTATIVESFifty-seventh Legislature First Regular Session |
Senate: RAGE DPA 5-2-0-0 | 3rd Read 16-11-3-0House: GOV DP 4-3-0-0 |
SB 1584: public employees; merit; hiring practices
Sponsor: Senator Shamp, LD 29
Caucus & COW
Overview
Prohibits the state or its political subdivisions from hiring employees based on conditions other than merit and allows for legal action to be taken if a violation occurs.
History
The Arizona Constitution prohibits the state from granting preferential treatment or discriminating on the basis of sex, race, color, ethnicity or national origin in the operation of public employment, education or contracting. This prohibition does not include qualifications based on sex that are reasonable and necessary, actions to establish or maintain federal programs that would otherwise result in a loss of federal money or invalidate court orders and consent decrees (Article II § 36, Const. of Ariz.).
Provisions
1. Prohibits the state or its political subdivisions from doing the following:
a) establishing policies or practices that require employees be hired based on anything other than their merit; or
b) manipulating or influencing 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. (Sec. 1)
2. Authorizes the Attorney General, a county attorney or any other person to file for declaratory relief, injunctive relief or damages for a violation of this measure. (Sec. 1)
3. Entitles a prevailing party in the action against the state or its political subdivisions to costs and reasonable attorney fees. (Sec. 1)
4. Clarifies that this measure does not contradict state laws or federal employment laws prohibiting discriminatory practices. (Sec. 1)
5. Defines merit. (Sec. 1)
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9. SB 1584
10. Initials JH/MB Page 0 Caucus & COW
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