The proposed bill, if enacted, would amend current statutes by adding a new article to Title 12, Chapter 6 of the Arizona Revised Statutes, specifically addressing civil liability related to prohibited diversity, equity, and inclusion (DEI) policies. It would allow individuals whose rights are violated by a covered entity—defined as any corporation, organization, institution, or agency subject to state or federal laws prohibiting DEI policies—to initiate a civil action. The bill outlines the types of relief available to successful plaintiffs, including declaratory and injunctive relief, a minimum of $100,000 in damages, compensatory damages, and coverage for court costs and attorney fees. Additionally, it establishes a three-year statute of limitations for filing such actions.
The bill also provides a detailed definition of what constitutes a DEI policy, incorporating various concepts that are deemed discriminatory or oppressive based on race or sex. This includes notions of inherent superiority among races or sexes, the idea that the U.S. is fundamentally racist or sexist, and the assertion that individuals should feel psychological distress due to their race or sex. The language of the bill aims to clarify and expand upon existing prohibitions against DEI policies, thereby enhancing the legal framework for individuals seeking recourse against perceived violations.