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 manipulation or influence over 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 replace the existing provisions that allow for such manipulations without clear restrictions.

Additionally, the bill introduces provisions that 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. Furthermore, the bill clarifies that the merit-based hiring requirement does not conflict with any state or federal laws prohibiting discriminatory practices and defines "merit" in terms of an employee's qualifications and abilities assessed through objective criteria.

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