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 merit-based criteria. Specifically, it would prevent any practices that manipulate or influence employee composition based on race, ethnicity, sex, or national origin, except when ensuring color-blind and race-neutral hiring in compliance with existing state and federal antidiscrimination laws.

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 merit-based hiring requirement. It also stipulates that prevailing parties in such actions are entitled to recover costs and reasonable attorney fees. The definition of "merit" would be clarified to encompass an employee's qualifications, skills, knowledge, experience, and demonstrated ability, assessed through objective criteria. The bill ensures that these new provisions do not conflict with existing state or federal laws that prohibit discriminatory practices.

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