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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
House: JUD DP 6-2-0-1 |
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HB 2135: liability; diversity; equity; inclusion laws
Sponsor: Representative Way, LD 15
House Engrossed
Overview
Authorizes lawsuits against certain entities for violating state or federal laws that prohibit specified diversity, equity and inclusion (DEI) policies.
History
Statute prohibits the State of Arizona and its political subdivisions from requiring employees to participate in, or spend public funds on, trainings, orientations or therapies that present blame or judgment based on race, ethnicity or sex. It defines blame or judgment on the basis of race, ethnicity or sex to mean the following concepts:
1. one race, ethnic group or sex is inherently morally or intellectually superior to another;
2. an individual, by virtue of the individual's race, ethnicity or sex, is inherently racist, sexist or oppressive, whether consciously or unconsciously;
3. an individual should be invidiously discriminated against because of the individual's race, ethnicity or sex;
4. an individual's moral character is determined by the individual's race, ethnicity or sex;
5. an individual, by virtue of the individual's race, ethnicity or sex, bears responsibility for actions committed by other members of the same;
6. an individual should feel discomfort, guilt, anguish or any other form of psychological distress because of the individual's race, ethnicity or sex;
7. meritocracy or traits such as a hard work ethic are racist or sexist or were created by members of a particular race, ethnic group or sex to oppress members of another race, ethnic group or sex. (A.R.S. § 41-1494)
Provisions
1. Permits a person whose rights have been violated to commence a civil action against a covered entity that violates a state or federal law prohibiting DEI policy. (Sec. 1)
2. Provides that a person who prevails against a covered entity is entitled to:
a. declaratory relief;
b. injunctive relief;
c. a minimum of $100,000 in financial damages;
d. compensatory damages; and
e. court costs and reasonable attorney fees. (Sec. 1)
3. Requires a person to commence such an action no later than three years after the violation occurred. (Sec. 1)
4. Defines covered entity as any corporation, organization, institution or agency in Arizona that is subject to a state or federal law prohibiting DEI policies. (Sec. 1)
5. Defines DEI policy. (Sec. 1)
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Initials NM HB 2135
2/10/2026 Page 0 House Engrossed
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