regulated chemical;
definition; drug offenses
(now: civil rights; voting;
employment; revisions)
dp |
Committee on Judiciary |
|
|
w/d |
Committee on Health |
|
|
DP |
Caucus and COW |
|
|
X |
As Transmitted to the Governor |
|
HB 2087 makes changes to Arizona voting, public accommodation, and employment discrimination law.
The Arizona Civil Rights Act was enacted in 1965. In its current form, it offers protections to persons with regard to voting rights, public accommodations, employment and housing on the basis of race, color, religion, gender, age, disability or national origin. Some of these same protections exist under federal law in Title VII of the 1964 Civil Rights Act. In some cases, federal law provides protection to broader classes of people and authorizes compensatory and punitive damages for a civil cause of action.
Congress enacted the Americans with Disabilities Act in 1990. At the time of its enactment, most states, including Arizona, already had protections in statute for persons with disabilities. Currently, Alabama, Arizona, and Mississippi are the only states that have no employment protection for persons based on a mental disability. The other 47 states and the District of Columbia afford employment protections to persons based both on mental and physical disability.
· Increases time to file a charge of a violation of these sections from 60 to 180 days.
· Increases remedies for a violation of Arizona voting or public accommodation law from $300 to $5,000 for a first offense and $10,000 for subsequent offenses. Also allows for damages, reasonable attorney fees, court costs, and injunctive relief.
· Adds mental impairment to the definition of disability.
· Redefines reasonable accommodation as making facilities readily accessible to individuals with disabilities and job modifications.
· Defines undue hardship as an action that requires significant difficulty or expense in light of certain factors, including the size and financial resources of the employer.
· Generally prohibits employers from discriminating against a person with a disability. Enumerates specific prohibited practices.
· Prohibits employers from inquiring as to whether a person has a disability and from conducing a medical exam to ascertain the same. However, the employer may ask about ability to perform job-related duties and require a medical exam after making an offer of employment in certain circumstances.
· Specifies that a test to determine the illegal use of drugs is not a medical examination.
· Mandates that consideration be given to the employer’s judgment as to what job functions are essential.
·
·
·
---------- DOCUMENT FOOTER
---------
·
44th Legislature
·
Second Regular Session 2 May
3, 2001
·
·
---------- DOCUMENT FOOTER
---------