36. Preferential treatment or discrimination
prohibited; exceptions; definition
Section 36. A. This state shall not grant 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.
B. This section does not:
1. Prohibit bona fide qualifications based on sex that are reasonably
necessary to the normal operation of public employment, public education or
2. Prohibit action that must be taken to establish or maintain
eligibility for any federal program, if ineligibility would result in a loss
of federal monies to this state.
3. Invalidate any court order or consent decree that is in force as of
the effective date of this section.
C. The remedies available for a violation of this section are the same,
regardless of the injured party's race, sex, color, ethnicity or national
origin, as are otherwise available for a violation of the existing
antidiscrimination laws of this state.
D. This section applies only to actions that are taken after the
effective date of this section.
E. This section is self-executing.
F. For the purposes of this section, "state" includes this state, a
city, town or county, a public university, including the university of
Arizona, Arizona state university and northern Arizona university, a community
college district, a school district, a special district or any other political
subdivision in this state.