The proposed 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. This new language would be inserted into the current statutes, maintaining the existing structure while enhancing the focus on merit-based hiring.

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 merit-based hiring requirement. It also stipulates that a prevailing party in such actions would be entitled to recover costs and reasonable attorney fees. Furthermore, the bill clarifies that the merit-based hiring requirement does not conflict with any state or federal laws that prohibit discriminatory practices and defines "merit" in terms of qualifications, skills, and other objective criteria relevant to job performance.

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