FOR CAUCUS & FLOOR ACTION
REVISED
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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 |
DATE: April 2, 2002
SUBJECT: Strike Everything
Amendment to H.B. 2353 (venue change; fee payments; time)
Relating to Revisions
to the Arizona Civil Rights Act
Purpose
Modifies laws relating to discrimination in employment, public accommodations and voting.
Background
The Arizona Civil Rights Act, enacted in 1965, includes provisions prohibiting discrimination in employment, public accommodations, voting rights and fair housing. The Attorney General’s Office (AG) states that this amendment is intended to create more internal consistency within the different provisions of the law, modernize the language of the law, update the employment discrimination provisions to make them more consistent with analogous federal law and provide the AG’s office greater enforcement ability in the area of civil rights.
Arizona is one of three states that do not provide employment protection for persons based on mental disabilities. Forty-seven states and the District of Columbia do extend employment protections to persons with either physical or mental impairments. Among other changes, the amendment extends Arizona’s employment discrimination protection to persons with mental impairments.
A fiscal note has been requested from JLBC.
Provisions
Employment
Discrimination
1. Includes the following as covered disabilities:
a) Mental impairments.
b) Use of alcohol.
c) Current use of nonillegal drugs.
d) Previous use of illegal drugs.
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” and “qualified individual with a disability.”
Public Accommodations
7. Adds “sex” to the types of discrimination prohibited in places of public accommodation.
Voting
Rights
8. Prohibits excluding a qualified individual with a disability from voting by reason of the disability.
9. States that if the State or any political subdivision makes reasonable modifications to rules, removes architectural and communication barriers and provides auxiliary aids and services to persons with disabilities, then compliance with Arizona’s voting rights laws has occurred.
10. Deems compliance with specified federal acts to be in compliance with Arizona’s voting rights protections.
11. Adds definition of “disability” and “qualified individual with a disability.”
Enforcement and Remedies for
Discrimination in
Public Accommodations and Voting
Rights
12. 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.
13. Authorizes the AG's Civil Rights Division to file a charge on its own initiative to investigate an alleged discriminatory practice or act.
14. Allows a court to award the following, if the court finds that discrimination occurred:
a) Actual and compensatory damages, including damages for emotional distress.
b) Court costs.
c) Preventive relief, including a permanent or temporary injunction, a restraining order or any other order against the person responsible for the violation.
d) Reasonable attorney fees to a prevailing defendant if the plaintiff’s complaint was frivolous, unreasonable or without foundation.
15. Requires the court to award reasonable attorney fees to a prevailing plaintiff other than the AG.
16. Increases the permissible civil penalties for a violation from $300 to not more than $5,000 for a first violation and not more than $10,000 for a subsequent violation.
17. Eliminates the requirement for a hearing before the Arizona Civil Rights Advisory Board prior to a court proceeding.
Miscellaneous
18. Changes all references to “handicap” to “disability.”
19. Makes technical and conforming changes.
20. Provides for a general effective date.
Amendments Adopted by Committee
· The strike everything amendment was adopted.
Senate Action
JUD 4/2/02 DPA/SE 5-2-1-0
SR/jas