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ARIZONA STATE SENATE
RESEARCH STAFF
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SHERYL RABIN LEGISLATIVE RESEARCH ANALYST JUDICIARY COMMITTEE Telephone: (602) 542-3171 Facsimile: (602) 542-7833 |
JUDICIARY COMMITTEE
DATE: April 9, 2001
SUBJECT: Strike everything amendment
to H.B. 2087 (regulated chemical; definition; drug offenses) related to civil
rights violations; enforcement
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accommodations and voting provisions of the Arizona Civil Rights Act have not been reviewed or amended since they were originally enacted in 1965.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 the amendment 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 amendment 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.
Provisions:
Voting
Rights
1. Adds persons with physical and mental disabilities or perceived disabilities to the list of persons protected from voting rights discrimination.
Employment Discrimination
2. Defines disability to include mental impairments.
3. Delineates unlawful employment practices with respect to an individual with a disability.
4. Prohibits a covered entity from conducting medical examinations or making inquiries as to whether an individual has a disability unless specified exceptions apply.
5. 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.
6. Adds age as a protected class for purposes of apprenticeship or other job training.
7. Adds definitions for covered entity and undue hardship and redefines reasonable accommodation.
Voting
Rights/Public Accommodations
8. 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.
9. 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.
10. Expands the available remedies to conform to remedies for other civil rights violations.
11. Eliminates duplicative language.
Miscellaneous
12. Makes technical and conforming changes.
13. Provides for a general effective date.
SR/ac