If enacted, this bill would amend current statutes by adding a new section that prohibits the State of Arizona and its political subdivisions from establishing hiring policies that do not prioritize employee merit. Specifically, it would prevent any practices that manipulate or influence the composition of employees based on race, ethnicity, sex, or national origin, except to ensure color-blind and race-neutral hiring in compliance with existing state and federal antidiscrimination laws. The bill also clarifies that the merit-based hiring requirement does not conflict with any laws prohibiting discriminatory practices.

Additionally, the bill would empower the Attorney General, county attorneys, or any individual to seek declaratory or injunctive relief, as well as damages for violations of this new section. It stipulates that a prevailing party in such actions would be entitled to recover costs and reasonable attorney fees. Furthermore, the bill defines "merit" in the context of hiring as an employee's qualifications, skills, knowledge, experience, and demonstrated ability to perform job duties based on objective criteria.

Statutes affected:
Introduced Version: 38-452
Senate Engrossed Version: 38-452