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 merit-based criteria. Specifically, it would prevent any manipulation or influence over employee composition based on race, ethnicity, sex, or national origin, except to ensure compliance with state and federal antidiscrimination laws. This new language emphasizes a commitment to color-blind and race-neutral hiring practices.
Additionally, the bill allows 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 entitles prevailing parties in such actions to recover costs and reasonable attorney fees. The bill clarifies that the merit-based hiring requirement does not conflict with existing state or federal laws prohibiting 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