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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
public employees; merit; hiring practices.
Purpose
Prohibits the State of Arizona or a political subdivision of Arizona from establishing any policies or practices requiring employees to be hired based on anything other than the merit of the employee.
Background
Arizona’s civil rights statutes codify the federal Civil Rights Act and Americans with Disabilities Act, allowing the Attorney General (AG) to enforce both laws. Statute prohibits an employer from failing or refusing to hire, discharging or from otherwise discriminating against an individual with respect to the individual’s compensation or terms, condition or privileges of employment because of the individual’s race, color, religion, sex, age, disability or national origin. It also prohibits an employer from limiting, segregating or classifying employees or prospective employees in any way that deprives any individual from employment opportunities or otherwise adversely affects the individual’s status as an employee because of the individual’s race, color, religion, sex, age, disability or national origin.
It is not an unlawful employment practice for an employer to apply different standards of compensation or different terms, conditions or privileges of employment in accordance to a bona fide seniority or merit system or a system that measures earnings by quantity or quality of production or to employees who work in different locations, if these differences are not the result of an intention to discriminate because of race, color, religion, sex or national origin (A.R.S. Title 41, Chapter 9).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits the State of Arizona or a political subdivision of Arizona from establishing any policies or practices requiring employees to be hired based on anything other than the merit of the employee.
2. Allows the AG, a county attorney or any other person to file for declaratory relief, injunctive relief or damages for any relevant violation of the merit based hiring requirement.
3. Entitles a party that prevails in action against Arizona or a political subdivision of Arizona to costs and reasonable attorney fees.
4. States that merit based hiring requirement does not contradict any state laws or federal employment laws that prohibit discriminatory practices.
5. Defines merit as 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.
6. Becomes effective on the general effective date.
Prepared by Senate Research
February 16, 2025
JT/JRM/ci