ARIZONA STATE SENATE
Phoenix, Arizona
Prohibits employers from
discriminating against employees or job applicants on the basis of gender identity
or sexual orientation and updates terminology associated with discriminatory
employment practices.
Currently, it is unlawful
for employers to discriminate against handicapped persons or others on the
basis of race, color, religion, sex, age or national origin. Based on usage, the words “sex,” and
“handicap” have lost some of their traditional meanings. S.B. 1225 updates employment related terms
whose meanings have evolved over time, and adds gender identity and sexual
orientation to the list of factors that may not be used as a basis for
discrimination in employment practices.
The terms in question were last updated in 1994.
There is no fiscal impact to
the state general fund associated with this measure.
1. Prohibits employers, employment agencies and labor organizations from discriminating on the basis of gender identity or sexual orientation.
2. Establishes standards that constitute unlawful employment practices as they pertain to individuals with disabilities.
3. Replaces the word “sex” with the word “gender” and the word “handicap” with the word “disability” as these terms pertain to prohibitions on discriminatory employment practices.
4. Eliminates the exemption on the use of alcohol from the list of causes of impairment that fall under the definition of a disability.
5. Qualifies as a disability any mental impairment that substantially limits one or more of the major life activities of the individual.
6. Enables an employer to apply and use standards of compensation such as seniority or merit as long as those standards do not discriminate on the basis of age, sexual orientation or gender identity.
7. Enables an employer to use an ability test as long as it is not intended to discriminate on the basis of age, sexual orientation or gender identity.
8. Defines “gender identity,” “sexual orientation” and “undue hardship.”
9. Redefines “reasonable accommodation” as those things that could be done for an employee rather than those things that cannot be done to an employer.
10. Makes numerous technical and conforming changes.
11. Provides for a general effective date.
Prepared by Senate Staff
January 29, 2001