Phoenix, Arizona
regulated chemical; definition; drug
offenses
(NOW: civil rights; voting; employment;
revisions)
Purpose:
Modifies the civil rights enforcement procedures for discrimination in public accommodations, employment and voting rights to conform to other Arizona civil rights statutes and federal law.
Background:
According to the Arizona Attorney General’s Office (AG), the public accommodations and voting provisions of the Arizona Civil Rights Act have not been reviewed or amended since they were originally enacted in 1965. The AG states that the changes proposed in H.B. 2087 will establish procedures and remedies that are consistent with other Arizona civil rights statutes related to housing and the Arizonans with Disabilities Act.
Arizona is one of only three states that do not provide employment protection for persons based on a mental disability. Forty-seven states and the District of Columbia do extend employment protections to persons with either physical or mental impairments. The legislation extends Arizona’s employment discrimination protection to persons with mental impairments.
The fiscal impact of this bill on the state general fund is unknown at this time.
In her veto message, the Governor stated that the provisions of the bill may be interpreted as a waiver of the State's sovereign immunity from federal court suits that allege a violation of the Americans with Disabilities Act. Furthermore, the Governor believes the potential costs of this bill to Arizona's employers may not be completely recognized.
Provisions
Employment Discrimination
1. Defines disability to include mental impairments.
2. Delineates unlawful employment practices with respect to an individual with a disability.
3. Prohibits a covered entity from conducting medical examinations or making inquiries as to whether an individual has a disability unless specified exceptions apply.
4. Requires consideration of an employer’s judgment as to what functions of the job are essential and allows a written description of the job that was prepared before advertising or interviewing for the job to be evidence of the essential functions of the job.
5. Adds age as a protected class for purposes of apprenticeship or other job training.
6. Adds definitions for covered entity and undue hardship and redefines reasonable accommodation.
Voting
Rights/Public Accommodations
7. Extends from 60 to 180 days the amount of time from the date of the alleged discriminatory practice in which the charging party may file with the AG.
8. Eliminates the requirement for a hearing before the Arizona Civil Rights Advisory Board prior to a court proceeding to make procedure consistent with the Arizonans with Disabilities Act.
9. Expands the available remedies to conform to remedies for other civil rights violations.
10. Eliminates duplicative language.
Miscellaneous
11. Makes technical and conforming changes.
12. Provides for a general effective date.
Amendments Adopted
by Judiciary Committee
1. Adopts the strike everything amendment.
Amendments
Adopted by Committee of the Whole
1. Eliminates all references to disability in the voting rights definition.
2. Clarifies the definition of reasonable accommodation.
3. Eliminates disability from two provisions of the unlawful employment practices definition.
Amendments
Adopted by Conference Committee
1. Strikes the word "gender" everywhere it appears in the bill and replaces it with the word "sex." This returns the language to the way it appears in current statute.
2. Strikes the word "age" from one provision of the bill.
Senate Action House Action
JUD 4/10/01 DPA/SE 4-3-1-0 Final Passage 5/2/01 35-18-7-0
3rd Read 4/19/01 17-13-0-0
Final Passage 5/3/01 18-11-1-0
Vetoed by the Governor 5/8/01
Prepared by Senate Staff
May 14, 2001