ARIZONA HOUSE OF REPRESENTATIVES Fifty-seventh Legislature First Regular Session
	House: GOV DP 4-3-0-0 | 3^rdRead 32-26-2-0 Senate: GOV DPA/SE 4-3-0-0 | 3^rd Read 17-11-2-0 Final Read: 33-25-2-0

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HB 2868: discrimination; policies; preferential treatment

NOW: discrimination; policies; preferential treatment

Sponsor: Representative Way, LD 15

Vetoed

Overview

Establishes prohibitions on diversity, equity and inclusion offices and activities for the state and specified political subdivisions and creates compliance and funding requirements for community colleges and state universities.

History

The Arizona Constitution prohibits the state from granting preferential treatment or discriminating on the basis of sex, race, color, ethnicity or national origin in the operation of public employment, education or contracting. This prohibition does not include qualifications based on sex that are reasonable and necessary, actions to establish or maintain federal programs that would otherwise result in a loss of federal money or invalidate court orders and consent decrees (Article II § 36, Const. of Ariz.).

Provisions

1. Prohibits a municipality, county, community college district governing board or university under the jurisdiction of the Arizona Board of Regents from doing the following:

a) Establishing or maintaining a diversity, equity and inclusion office;

b) Hiring or assigning an employee or contract with a third party to perform the duties of a diversity equity and inclusion office;

c) Compelling, requiring, inducing or soliciting any person to provide a diversity, equity and inclusion statement or giving preferential consideration to any person based on a diversity, equity and inclusion statement;

d) Giving 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 entity;

e) Requiring as a condition of employment that employees participate in specified diversity equity and inclusion trainings;

f) Requiring enrollment in or completion of an academic course that promotes the tenets of diversity, equity and inclusion or activities of a diversity equity and inclusion office. (Sec. 1, 2, 3, 4, 5)

2. Requires a municipality, county, community college district governing board or university under the jurisdiction of the Arizona Board of Regents to adopt policies and procedures for appropriately disciplining, including termination, employees or contractors that engage in these prohibited activities. (Sec. 1, 2, 3, 4, 5)

3. Specifies that the following restrictions do not apply to community college district governing boards or universities under the jurisdiction of the Arizona Board of Regents:

a) Academic course instruction except for mandatory academic courses that promote diversity, equity and inclusion or activities of a diversity equity and inclusion office.

b) Scholarly research and creative work by the community college or university's students, faculty or other research personnel and the work's dissemination;

c) An activity of a registered or recognized student organization;

d) Guest speakers or performers on short term engagements;

e) Policies, practices, procedures, programs, or activities to enhance student academic achievement or postgraduate outcomes that are designed and implemented without regard to race, sex, color or ethnicity;

f) Data collection;

g) Student recruitment or admissions. (Sec. 3, 4)

4. Specifies the measure does not limit or prohibit a community college district governing board or university under the jurisdiction of the Arizona Board of Regents from applying for a grant, complying with accreditation terms or submitting a statement to a grantor or accrediting agency that does the following

a) Highlights the work of a community college or university in supporting first generation college students, low income students or underserved student populations; or

b) Certifies compliance with state and federal antidiscrimination laws. (Sec. 3, 4)

5. States that bona fide qualifications based on sex which are conducive to the normal operation of community colleges and universities are not prohibited. (Sec. 3, 4)

6. States that community colleges and universities are not prohibited from identifying and discussing historical movements, ideologies or instances of racial hatred or discrimination including slavery, Indian removal, the Holocaust or Japanese-American internment. (Sec. 3, 4)

7. Prohibits a community college or university from spending money appropriated to it by the Legislature in any given fiscal year until the community college or university certifies compliance with the measure. (Sec. 3, 4)

8. Requires the community college or university to testify between each regular session of the legislature before the Senate and House of Representatives Education committees at separate public hearings regarding the community college or university's compliance with the measure. (Sec. 3, 4)

9. Allows students and employees of the community college or university required to participate in training that violates the measure to bring an action against the school for injunctive or declaratory relief. (Sec. 3, 4)

10. Defines diversity equity and inclusion and diversity equity and inclusion office.

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                        HB 2868

Initials JH/MB          Page 0 Vetoed

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