House of Representatives

HB 2237

employment discrimination; sexual orientation

Sponsors: Representative Brotherton

X	Committee on Judiciary
	Caucus and COW
	As Passed the House

HB 2237 revises the Arizona Revised Statutes relating to employment discrimination

History

Currently, it is unlawful for an employer to base hiring and firings solely on race, color, religion, sex, age, handicap or national origin. It also protects employees and applicants from segregation based on the same factors. Current law further requires employers to reasonably accommodate an individual’s handicap.

Provisions

· Changes certain terms throughout the employment discrimination statutes:

1. Handicap to disability.

2. Sex to gender.

· Defines the terms covered entity, gender identity, sexual orientation and undue hardship.

· Adds gender identity and sexual orientation as protected classes for purposes of employment discrimination.

· Adds mental impairment, including current or recent alcohol use, to the statutory definition of disability.

· Changes current definition of reasonable accommodation to include:

1. Making existing facilities readily accessible to individuals with disabilities.

2. Job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustment or modification of examinations, training materials or policies, the provision of qualified readers or interpreters and other similar accommodations for individuals with disabilities.

· Proscribes several actions that amount to an unlawful employment practice with respect to an individual with a disability. These include:

1. Making a contract or other arrangement that has the effect of causing discrimination against an individual with a disability.

2. Using standards, criteria or other methods of administration that have the effect of discrimination or the perpetuation of discrimination.

3. Excluding or otherwise denying equal jobs to a qualified individual because of the known disability of such an individual or because of the known disability of an individual with whom the qualified individual is known to have a relationship of association.

4. Not making reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual, unless the covered entity can demonstrate that such an accommodation would impose an undue hardship on the operation of business.

5. Denying employment opportunities to an otherwise qualified individual with a disability based on the need of the covered entity to make reasonable accommodations to the physical or mental impairment of the applicant or employee.

6. Using qualification standards, employment tests or other selection criteria that screen out a class of individuals with disabilities, unless the standard is shown to be job-related and is consistent with business necessity.

7. Failing to select and administer tests relating to employment in the most effective manner to ensure that, when the test is administered, the test results accurately reflect the skills or aptitude tested for, rather than any impaired sensory skill of the applicant or employee, except if these skills are the factors that the test purports to measure.

· Makes technical and conforming changes.

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45th Legislature

First Regular Session 2 March 5, 2001

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