ARIZONA STATE SENATE
Phoenix, Arizona
appropriations; drug court
funding.
(NOW: employment; sexual
orientation, discrimination)
Prohibits public employers from discriminating against employees or job applicants because an individual is, or is perceived by the public employer or the agent of the public employer to be, heterosexual, homosexual, bisexual, transgendered or transsexual 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. The strike everything amendment to H.B. 2270 updates employment related terms whose meanings have evolved over time, and adds a person’s perceived sexuality or gender to factors that may not be used as a basis for discrimination in public employment practices.
Any fiscal impact to the state general fund or risk management fund associated with future liabilities that may be incurred under this measure is indeterminable.
1. Prohibits public employers from discriminating against an employee or job applicant due to the employer’s perception that an individual is heterosexual, homosexual, bisexual, transgendered or transsexual.
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 because an individual is, or is perceived by the public employer or the agent of the public employer to be, heterosexual, homosexual, bisexual, transgendered or transsexual.
8. Enables a public employer to use an ability test as long as it is not intended to discriminate because an individual is, or is perceived by the public employer or the agent of the public employer to be, heterosexual, homosexual, bisexual, transgendered or transsexual.
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.
Amendments
Adopted by the Appropriations Committee
1. Adopted the strike everything amendment.
Senate Action House Action
JUD 3/27/01 DP 6-0-2-0 JUD 1/16/01 DP 10-0-0-0
APPROP 4/18/01 DPA/SE 6-2-4-0 APPROP 3/6/01 DPA 13-0-0-3
3rd Read 4/30/01 16-13-1-0 3rd Read 3/19/01 50-4-6-0
Prepared by Senate Staff
May 1, 2001