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Senate Engrossed House Bill
preferential treatment; discrimination; policies (now: discrimination; policies; preferential treatment) |
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State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025
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HOUSE BILL 2868 |
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AN ACT
amending title 9, chapter 4, article 8, Arizona Revised Statutes, by adding section 9-500.52; amending title 11, chapter 2, article 4, Arizona Revised Statutes, by adding section 11-269.30; amending title 15, chapter 12, article 3, Arizona Revised Statutes, by adding section 15-1454; amending title 15, chapter 13, article 1, Arizona Revised Statutes, by adding section 15-1607; Amending title 41, chapter 4, article 1, Arizona Revised Statutes, by adding section 41-710.03; relating to diversity, equity and inclusion.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 9, chapter 4, article 8, Arizona Revised Statutes, is amended by adding section 9-500.52, to read:
9-500.52. Diversity; equity; inclusion; prohibition; definitions
A. Notwithstanding any other law, A city or town may not do any of the following:
1. establish or maintain a diversity, equity and inclusion office.
2. hire or assign an employee or contract with a third party to perform the duties of a diversity, equity and inclusion office.
3. compel, require, induce or solicit any person to provide a diversity, equity and inclusion statement or give preferential consideration to any person based on a diversity, equity and inclusion statement.
4. give preference on the basis of race, sex, color or ethnicity to an applicant for employment, an employee or a participant in any function of the city or town.
6. require enrollment in, or completion of, an academic course that promotes, in the context of contemporary American society, the tenets of diversity, equity and inclusion or the activities of a diversity, equity and inclusion office.
b. a city or town shall adopt policies and procedures for APPROPRIATELY disciplining, including by termination, an employee or contractor that engages in conduct that violates subsection a of this section.
c. For the purposes of this section:
1. "Diversity, equity and inclusion":
(a) means interrelated concepts that do any of the following:
(i) describe or expose structures, systems or relations of power, privilege or subordination on the basis of race, sex, color, gender, ethnicity, gender identity or sexual orientation.
(ii) describe methods to identify, dismantle or oppose structures, systems or relations.
(iii) Justify differential treatment of or special benefits conferred to individuals on the basis of race, sex, color, gender, ethnicity, gender identity or sexual orientation.
(b) Includes unconscious or implicit bias, cultural appropriation, allyship, transgenderism, microaggressions, microinvalidation, group marginalization, antiracism, systemic oppression, ethnocentrism, structural racism, structural inequity, social justice, intersectionality, neopronouns, inclusive language, heteronormativity, disparate impact, gender identity, gender theory, racial or sexual privilege or related formulations of these concepts.
2. "diversity, equity and inclusion office" means an office, division or other unit established for any of the following purposes:
(a) influencing hiring or employment practices in the city or town with respect to race, sex, color or ethnicity, other than through the use of color-blind and sex-neutral hiring processes in accordance with any applicable state and federal antidiscrimination laws.
(b) promoting differential treatment of or providing special benefits to individuals on the basis of race, color or ethnicity.
(c) promoting policies or procedures designed or implemented in reference to race, color or ethnicity, other than policies or procedures approved in writing by the city's or town's general counsel for the sole purpose of ensuring compliance with any applicable court order or state or federal law.
(d) conducting trainings, programs or activities designed or implemented in reference to race, color, ethnicity, gender identity or sexual orientation or diversity, equity and inclusion, other than trainings, programs or activities developed by an attorney and approved in writing by the city's or town's general counsel for the sole purpose of ensuring compliance with any applicable court order or state or federal law.
Sec. 2. Title 11, chapter 2, article 4, Arizona Revised Statutes, is amended by adding section 11-269.30, to read:
11-269.30. Diversity; equity; inclusion; prohibition; definitions
A. notwithstanding any other law, A county may not do any of the following:
1. establish or maintain a diversity, equity and inclusion office.
2. hire or assign an employee or contract with a third party to perform the duties of a diversity, equity and inclusion office.
3. compel, require, induce or solicit any person to provide a diversity, equity and inclusion statement or give preferential consideration to any person based on a diversity, equity and inclusion statement.
4. give preference on the basis of race, sex, color or ethnicity to an applicant for employment, an employee or a participant in any function of the county.
5. As a condition of employment, require that employees participate in diversity, equity and inclusion training, including a training, program or activity designed or implemented in reference to race, color, ethnicity, gender identity or sexual orientation. This paragraph does not include a training, program or activity developed by an attorney and approved in writing by the county's general counsel for the sole purpose of ensuring compliance with any applicable court order or state or federal law.
6. require enrollment in, or completion of, an academic course that promotes, in the context of contemporary American society, the tenets of diversity, equity and inclusion or the activities of a diversity, equity and inclusion office.
b. a county shall adopt policies and procedures for appropriately disciplining, including by termination, an employee or contractor that engages in conduct that violates subsection a of this section.
c. For the purposes of this section:
1. "Diversity, equity and inclusion":
(a) means interrelated concepts that do any of the following:
(i) describe or expose structures, systems or relations of power, privilege or subordination on the basis of race, sex, color, gender, ethnicity, gender identity or sexual orientation.
(ii) describe methods to identify, dismantle or oppose structures, systems or relations.
(iii) Justify differential treatment of or special benefits conferred to individuals on the basis of race, sex, color, gender, ethnicity, gender identity or sexual orientation.
(b) Includes unconscious or implicit bias, cultural appropriation, allyship, transgenderism, microaggressions, microinvalidation, group marginalization, antiracism, systemic oppression, ethnocentrism, structural racism, structural inequity, social justice, intersectionality, neopronouns, inclusive language, heteronormativity, disparate impact, gender identity, gender theory, racial or sexual privilege or related formulations of these concepts.
2. "diversity, equity and inclusion office" means an office, division or other unit established for any of the following purposes:
(a) influencing hiring or employment practices in the county with respect to race, sex, color or ethnicity, other than through the use of color-blind and sex-neutral hiring processes in accordance with any applicable state and federal antidiscrimination laws.
(b) promoting differential treatment of or providing special benefits to individuals on the basis of race, color or ethnicity.
(c) promoting policies or procedures designed or implemented in reference to race, color or ethnicity, other than policies or procedures approved in writing by the county's general counsel for the sole purpose of ensuring compliance with any applicable court order or state or federal law.
(d) conducting trainings, programs or activities designed or implemented in reference to race, color, ethnicity, gender identity or sexual orientation or diversity, equity and inclusion, other than trainings, programs or activities developed by an attorney and approved in writing by the county's general counsel for the sole purpose of ensuring compliance with any applicable court order or state or federal law.
Sec. 3. Title 15, chapter 12, article 3, Arizona Revised Statutes, is amended by adding section 15-1454, to read:
15-1454. Community college district governing board; diversity; equity; inclusion; prohibition; applicability; definitions
A. notwithstanding any other law, A community college district governing BOARD may not do any of the following:
1. establish or maintain a diversity, equity and inclusion office.
2. hire or assign an employee or contract with a third party to perform the duties of a diversity, equity and inclusion office.
3. compel, require, induce or solicit any person to provide a diversity, equity and inclusion statement or give preferential consideration to any person based on a diversity, equity and inclusion statement.
4. give preference on the basis of race, sex, color or ethnicity to an applicant for employment, an employee or a participant in any function of the COMMUNITY COLLEGE DISTRICT GOVERNING BOARD.
5. as a condition of enrollment or performing any COMMUNITY COLLEGE DISTRICT GOVERNING BOARD functions, require any person to participate in diversity, equity and inclusion training, including a training, program or activity designed or implemented in reference to race, color, ethnicity, gender identity or sexual orientation. THIS PARAGRAPH DOES NOT INCLUDE a training, program or activity developed by an attorney and approved in writing by the COMMUNITY COLLEGE DISTRICT GOVERNING BOARD for the sole purpose of ensuring compliance with any applicable court order or state or federal law.
6. require enrollment in, or completion of, an academic course that promotes, in the context of contemporary American society, the tenets of diversity, equity and inclusion or the activities of a diversity, equity and inclusion office.
b. a community college district governing board shall adopt policies and procedures for appropriately disciplining, including by termination, an employee or contractor that engages in conduct that violates subsection a of this section.
c. Subsection A of this section does not apply to any of the following:
1. Except as provided in subsection A, paragraph 6 of this section, academic course instruction.
2. scholarly research or a creative work by a community college's students, faculty or other research personnel or the dissemination of that research or work.
3. an activity of a student organization registered with or recognized by a COMMUNITY COLLEGE.
4. guest speakers or performers on short-term engagements.
5. a policy, practice, procedure, program or activity to enhance student academic achievement or postgraduate outcomes that is designed and implemented without regard to race, sex, color or ethnicity.
6. data collection.
7. student recruitment or admissions.
d. This section:
1. does not limit or prohibit a COMMUNITY COLLEGE DISTRICT GOVERNING BOARD or an employee of a COMMUNITY COLLEGE DISTRICT GOVERNING BOARD from applying for a grant, complying with the terms of accreditation by an accrediting agency or submitting to the grantor or accrediting agency a statement that does any of the following:
(a) highlights the COMMUNITY COLLEGE's work in supporting any of the following:
(i) first-generation college students.
(ii) low-income students.
(iii) underserved student populations.
(b) certifies compliance with state and federal antidiscrimination laws.
2. Does not prohibit bona fide qualifications based on sex, which are conducive to the normal operation of COMMUNITY COLLEGES.
3. does not prohibit identifying and discussing historical movements, ideologies or instances of racial hatred or discrimination, including slavery, Indian removal, the holocaust or JAPANESE-AMERICAN internment.
E. A COMMUNITY COLLEGE may not spend monies appropriated to the community college in any given fiscal year until the community college submits to the legislature a report that certifies the community college's compliance with this section during the preceding fiscal year.
F. In the interim between each regular session of the legislature, the community college, or its designee, shall testify before the Senate education committee, or its SUCCESSOR committee, and the house of REPRESENTATIVE'S education committee, or its successor committee, at a public hearing of each committee regarding the community college's compliance with this section.
G. A student or employee of a community college who is required to participate in any training that violates this section may bring an action against the community college for injunctive or declaratory relief.
H. For the purposes of this section:
1. "Diversity, equity and inclusion":
(a) means interrelated concepts that do any of the following:
(i) describe or expose structures, systems or relations of power, privilege or subordination on the basis of race, sex, color, gender, ethnicity, gender identity or sexual orientation.
(ii) describe methods to identify, dismantle or oppose structures, systems or relations.
(iii) Justify differential treatment of or special benefits conferred to INDIVIDUALS on the basis of race, sex, color, gender, ethnicity, gender identity or sexual orientation.
(b) Includes unconscious or implicit bias, cultural appropriation, allyship, transgenderism, microaggressions, microinvalidation, group marginalization, antiracism, systemic oppression, ethnocentrism, structural racism, structural inequity, social justice, intersectionality, neopronouns, inclusive language, heteronormativity, disparate impact, gender identity, gender theory, racial or sexual privilege or related formulations of these concepts.
2. "diversity, equity and inclusion office" means an office, division or other unit of a community college established for any of the following purposes:
(a) influencing hiring or employment practices at the community college with respect to race, sex, color or ethnicity, other than through the use of color-blind and sex-neutral hiring processes in accordance with any applicable state and federal antidiscrimination laws.
(b) promoting differential treatment of or providing special benefits to individuals on the basis of race, color or ethnicity.
(c) promoting policies or procedures designed or implemented in reference to race, color or ethnicity, other than policies or procedures approved in writing by the community college's general counsel and approved by the COMMUNITY COLLEGE DISTRICT GOVERNING BOARD for the sole purpose of ensuring compliance with any applicable court order or state or federal law.
(d) conducting trainings, programs or activities designed or implemented in reference to race, color, ethnicity, gender identity or sexual orientation or diversity, equity and inclusion, other than trainings, programs or activities developed by an attorney and approved in writing by the COMMUNITY COLLEGE's general counsel and approved by the COMMUNITY COLLEGE DISTRICT GOVERNING BOARD for the sole purpose of ensuring compliance with any applicable court order or state or federal law.
Sec. 4. Title 15, chapter 13, article 1, Arizona Revised Statutes, is amended by adding section 15-1607, to read:
15-1607. Universities; diversity; equity; inclusion; prohibition; applicability; definitions
A. notwithstanding any other law, A university under the jurisdiction of the arizona board of regents may not do any of the following:
1. establish or maintain a diversity, equity and inclusion office.
2. hire or assign an employee or contract with a third party to perform the duties of a diversity, equity and inclusion office.
3. compel, require, induce or solicit any person to provide a diversity, equity and inclusion statement or give preferential consideration to any person based on a diversity, equity and inclusion statement.
4. give preference on the basis of race, sex, color or ethnicity to an applicant for employment, an employee or a participant in any function of the public university.
5. AS a condition of enrolling at the university or performing any university function, require any person to participate in diversity, equity and inclusion training, including a training, program or activity designed or implemented in reference to race, color, ethnicity, gender identity or sexual orientation. THIS PARAGRAPH DOES NOT INCLUDE a training, program or activity developed by an attorney and approved in writing by the university's general counsel and the Arizona Board of Regents for the sole purpose of ensuring compliance with any applicable court order or state or federal law.
6. require enrollment in or completion of, an academic course that promotes, in the context of contemporary American society, the tenets of diversity, equity and inclusion or the activities of a diversity, equity and inclusion office.
b. a university shall adopt policies and procedures for appropriately disciplining, including by termination, an employee or contractor that engages in conduct that violates subsection a of this section.
C. Subsection A of this section does not apply to any of the following:
1. Except as provided in subsection A, paragraph 6 of this section, academic course instruction.
2. scholarly research or a creative work by a university's students, faculty or other research personnel or the dissemination of that research or work.
3. an activity of a student organization registered with or recognized by a public university.
4. guest speakers or performers on short-term engagements.
5. a policy, practice, procedure, program or activity to enhance student academic achievement or postgraduate outcomes that is designed and implemented without regard to race, sex, color or ethnicity.
6. data collection.
7. student recruitment or admissions.
D. This section:
1. does not limit or prohibit a public university or an employee of a public university from applying for a grant, complying with the terms of accreditation by an accrediting agency or submitting to the grantor or accrediting agency a statement that does any of the following:
(a) highlights the UNIVERSITY'S work in supporting any of the following:
(i) first-generation college students.
(ii) low-income students.
(iii) underserved student populations.
(b) certifies compliance with state and federal antidiscrimination laws.
2. Does not prohibit bona fide qualifications based on sex, which are conducive to the normal operation of universities.
3. does not prohibit identifying and discussing historical movements, ideologies or instances of racial hatred or discrimination, including slavery, Indian removal, the holocaust or JAPANESE-AMERICAN internment.
E. A university may not spend monies appropriated to the university in any given fiscal year until the university submits to the legislature a report that certifies the university's compliance with this section during the preceding fiscal year.
F. In the interim between each regular session of the legislature, the university, or its designee, shall testify before the Senate education committee, or its SUCCESSOR committee, and the house of REPRESENTATIVE'S education committee, or its successor committee, at a public hearing of each committee regarding the UNIVERSITY'S compliance with this section.
G. A student or employee of a university who is required to participate in any training that violates this section may bring an action against the university for injunctive or declaratory relief.
H. For the purposes of this section:
1. "Diversity, equity and inclusion":
(a) means interrelated concepts that do any of the following:
(i) describe or expose structures, systems or relations of power, privilege or subordination on the basis of race, sex, color, gender, ethnicity, gender identity or sexual orientation.
(ii) describe methods to identify, dismantle or oppose structures, systems or relations.
(iii) Justify differential treatment of or special benefits conferred to INDIVIDUALS on the basis of race, sex, color, gender, ethnicity, gender identity or sexual orientation.
(b) Includes unconscious or implicit bias, cultural appropriation, allyship, transgenderism, microaggressions, microinvalidation, group marginalization, antiracism, systemic oppression, ethnocentrism, structural racism, structural inequity, social justice, intersectionality, neopronouns, inclusive language, heteronormativity, disparate impact, gender identity, gender theory, racial or sexual privilege or related formulations of these concepts.
2. "diversity, equity and inclusion office" means an office, division or other unit of an institution of higher education established for any of the following purposes:
(a) influencing hiring or employment practices at the public university with respect to race, sex, color or ethnicity, other than through the use of color-blind and sex-neutral hiring processes in accordance with any applicable state and federal antidiscrimination laws.
(b) promoting differential treatment of or providing special benefits to individuals on the basis of race, color or ethnicity.
(c) promoting policies or procedures designed or implemented in reference to race, color or ethnicity, other than policies or procedures approved in writing by the public university's general counsel and approved by the Arizona Board of Regents for the sole purpose of ensuring compliance with any applicable court order or state or federal law.
(d) conducting trainings, programs or activities designed or implemented in reference to race, color, ethnicity, gender identity or sexual orientation or diversity, equity and inclusion, other than trainings, programs or activities developed by an attorney and approved in writing by the public UNIVERSITY'S general counsel and approved by the Arizona Board of Regents for the sole purpose of ensuring compliance with any applicable court order or state or federal law.
Sec. 5. Title 41, chapter 4, article 1, Arizona Revised Statutes, is amended by adding section 41-710.03, to read:
41-710.03. Diversity; equity; inclusion; prohibition; definitions
A. This state or any agency of this state may not do any of the following:
1. establish or maintain a diversity, equity and inclusion office.
2. hire or assign an employee or contract with a third party to perform the duties of a diversity, equity and inclusion office.
3. compel, require, induce or solicit any person to provide a diversity, equity and inclusion statement or give preferential consideration to any person based on a diversity, equity and inclusion statement.
4. give preference on the basis of race, sex, color or ethnicity to an applicant for employment, an employee or a participant in any function of this state or any agency of this state.
5. As a condition of employment, require that employees participate in diversity, equity and inclusion training, including a training, program or activity designed or implemented in reference to race, color, ethnicity, gender identity or sexual orientation. This paragraph does not include a training, program or activity developed by an attorney and approved in writing by an agency's general counsel for the sole purpose of ensuring compliance with any applicable court order or state or federal law.
6. require enrollment in, or completion of, an academic course that promotes, in the context of contemporary American society, the tenets of diversity, equity and inclusion or the activities of a diversity, equity and inclusion office.
B. this state or any agency of this state shall adopt policies and procedures for appropriately disciplining, including by termination, an employee or contractor that engages in conduct that violates subsection a of this section.
C. For the purposes of this section:
1. "Diversity, equity and inclusion":
(a) means interrelated concepts that do any of the following:
(i) describe or expose structures, systems or relations of power, privilege or subordination on the basis of race, sex, color, gender, ethnicity, gender identity or sexual orientation.
(ii) describe methods to identify, dismantle or oppose structures, systems or relations.
(iii) Justify differential treatment of or special benefits conferred to individuals on the basis of race, sex, color, gender, ethnicity, gender identity or sexual orientation.
(b) Includes unconscious or implicit bias, cultural appropriation, allyship, transgenderism, microaggressions, microinvalidation, group marginalization, antiracism, systemic oppression, ethnocentrism, structural racism, structural inequity, social justice, intersectionality, neopronouns, inclusive language, heteronormativity, disparate impact, gender identity, gender theory, racial or sexual privilege or related formulations of these concepts.
2. "diversity, equity and inclusion office" means an office, division or other unit established for any of the following purposes:
(a) influencing hiring or employment practices in this state or any agency of this state with respect to race, sex, color or ethnicity, other than through the use of color-blind and sex-neutral hiring processes in accordance with any applicable state and federal antidiscrimination laws.
(b) promoting differential treatment of or providing special benefits to individuals on the basis of race, color or ethnicity.
(c) promoting policies or procedures designed or implemented in reference to race, color or ethnicity, other than policies or procedures approved in writing by the agency's general counsel for the sole purpose of ensuring compliance with any applicable court order or state or federal law.
(d) conducting trainings, programs or activities designed or implemented in reference to race, color, ethnicity, gender identity or sexual orientation or diversity, equity and inclusion, other than trainings, programs or activities developed by an attorney and approved in writing by the agency's general counsel for the sole purpose of ensuring compliance with any applicable court order or state or federal law.