House of Representatives

SB 1224

civil rights violations; enforcement

Sponsors: Senators Richardson, Guenther, Cirillo et al

 

dpa

Committee on Judiciary

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Committee on Retirement & Government Operations

 

Caucus and COW

 

 

As Passed the House

 

SB 1224 makes changes to enforcement procedures and remedies for discrimination in voting rights or public accommodations.

History

The Arizona Civil Rights Act was enacted in 1965.  Arizona enforcement procedures for discrimination in voting rights and public accommodations in its current form were added by Laws 1974.

Provisions

·                      Extends the period for filing a charge alleging a discriminatory practice from 60 to 180 days.

·                      Removes current provision for hearings before the Arizona Civil Rights Advisory Board.

·                      Provides a timeline after which the Attorney General may file a civil action in state court.

·                      Repeals the current provision of law that caps any civil penalty imposed as a result of a violation of Arizona voting or public accommodations law at a $300.

·                      Establishes new guidelines for damages in cases brought under Arizona voting or public accommodations law.  Authorizes the superior court to award to the charging party:

1.      Actual and compensatory damages, including damages for emotional distress.

2.      Reasonable attorney fees

3.      Court costs.

4.      Preventive relief, including a permanent or temporary injunction, a restraining order or any other order.

5.      In a case brought by the Attorney General, the court may further assess a civil penalty against the person responsible for the violation of not more than $5,000 for the first violation and not more than $10,000 for each subsequent violation.

SB 1224 was amended in the Judiciary Committee as follows:

·                      Adds disability as a protected class for purposes of voting rights and employment discrimination, including a mental disability.

·                      Redefines reasonable accommodation.

·                      Defines undue hardship.

·                      Adds specific prohibited employment practices with regard to persons with disabilities.

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·                      45th Legislature                                                                                                                       

·                      First Regular Session                           2                                                          March 28, 2001

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