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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
public employees; merit; hiring practices
Purpose
Prohibits the State of Arizona or a political subdivision of Arizona from establishing any policies or practices that require a person to be hired based on anything other than merit of the employee.
Background
The Arizona Constitution prohibits preferential treatment to or discriminate against any individual or group on the basis of race, sex, color, ethnicity or national origin in the operation of public employment, public education or public contracting, with prescribed exemptions (Ariz. Const. art. 2 § 36).
The Arizona Civil Rights Act mirrors federal law, including Title VII of the Civil Rights Act and the Americans with Disabilities Act, enabling enforcement by the Attorney General (AG). It is an unlawful employment practice for an employer to: 1) discharge or refuse the hiring of any individual with respect to the individual's compensation, terms, conditions or privileges of employment because of the individual's race, color, religion, sex, age or national origin or on the basis of disability; or 2) limit, segregate or classify employees or applicants for employment in any way that would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect an individual's employment opportunities status as an employee, because of the individual's race, color, religion, sex, age or national origin or on the basis of disability.
It is not an unlawful employment practice for an employer to apply
different standards of compensation or different terms, conditions or
privileges of employment in accordance to a bona fide seniority or merit system
or a system that measures earnings by quantity or quality of production or to
employees who work in different locations, if these differences are not the
result of an intention to discriminate because of race, color, religion, sex or
national origin (A.R.S.
§ 41-1463).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits the State of Arizona or a political subdivision of Arizona from:
a) establishing any policies or practices that require a person to be hired based on anything other than the merit of the person; and
b) manipulating or influencing the composition of employees with references to race, ethnicity, sex or national origin except to ensure color-blind and race-neutral hiring in accordance with state and federal antidiscrimination laws.
2. Allows the AG, a county attorney or any other person to file for declaratory relief, injunctive relief or damages for prescribed merit-based hiring violations.
3. Entitles a party that prevails in an action against the State of Arizona or a political subdivision of Arizona to costs and reasonable attorney fees.
4. States that the merit-based hiring requirement does not contradict any state or federal employment laws that prohibit discriminatory practices.
5. Defines merit as a person's qualifications, skills, knowledge, experience and demonstrated ability to perform the essential duties of a job, as determined through objective criteria, such as education, training, work history, job performance and any relevant assessments.
6. Becomes effective on the general effective date.
Prepared by Senate Research
January 15, 2026
JT/NRG/ci