ARIZONA STATE SENATE
Phoenix, Arizona
Prohibits public 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 public 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 public employers, from discriminating on the basis of gender identity or sexual orientation.
2. Allows a public employer to maintain a gender specific dress code.
3. Establishes standards that constitute unlawful employment practices as they pertain to individuals with disabilities.
4. 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.
5. Eliminates the exemption on the use of alcohol from the list of causes of impairment that fall under the definition of a disability.
6. Qualifies as a disability any mental impairment that substantially limits one or more of the major life activities of the individual.
7. Enables a public 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.
8. Enables a public 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.
9. Defines “gender identity,” “sexual orientation,” “undue hardship" and "public employer."
10. Redefines “reasonable accommodation” as those things that could be done for an employee rather than those things that cannot be done to an employer.
11. Makes numerous technical and conforming changes.
12. Provides for a general effective date.
Amendments
Adopted by Committee of the Whole
1. Specifies that it is an unlawful employment practice for a public employer to fail or refuse to hire, or to discharge any individual or otherwise discriminate against any individual with respect to employment because of that individual's sexual orientation or gender identity.
2. Defines a public employer as this state and political subdivisions of this state.
3. Changes the definition of "gender identity" as an individual's various attributes as they are understood to be masculine or feminine and shall include pre-and post operative transsexuals, as well as persons who are perceived to be transgendered.
4. Allows an employer to maintain a written gender specific dress code requiring employees to maintain a reasonable consistent gender role in the workplace.
Senate Action
COM 1/31/01 DP 4-2-0-0
3rd Read 4/4/01 16-14-0-0
Prepared by Senate Staff
April 5, 2001