The proposed bill would amend current statutes by adding a new section to Title 38, Chapter 3, Article 4 of the Arizona Revised Statutes, which would prohibit the State of Arizona and its political subdivisions from establishing hiring policies that are not based solely on merit. Specifically, it would prevent any practices that require hiring based on factors other than the qualifications and abilities of the individual, and it would restrict manipulation of employee composition concerning race, ethnicity, sex, or national origin, except to ensure compliance with state and federal antidiscrimination laws.

Additionally, the bill would empower the Attorney General, county attorneys, or any individual to seek legal remedies for violations of this new section, including declaratory and injunctive relief, as well as damages. It clarifies that the merit-based hiring requirement does not conflict with existing state or federal laws against discrimination and does not affect voluntary veterans' preference policies. The bill also defines "merit" in terms of qualifications, skills, and other objective criteria relevant to job performance. The deletion of the previous subsection D is noted, which is replaced with the new provisions outlined in the bill.

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