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HB2217 - 572R - I Ver
PREFILED��� JAN 12 2026
REFERENCE TITLE:
antidiscrimination; employment;
housing; public accommodations
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HB 2217
Introduced by
Representatives
Garcia: Contreras P, Sandoval, Simacek
AN
ACT
amending
sections 41-1402, 41-1405, 41-1441, 41-1442, 41-1444, 41-1461, 41-1463,
41-1464, 41-1481, 41-1491, 41-1491.05, 41-1491.14, 41-1491.15,
41-1491.16, 41-1491.17, 41-1491.20 and 41-1491.21, Arizona Revised Statutes;
relating to civil rights.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 41-1402, Arizona Revised
Statutes, is amended to read:
START_STATUTE
41-1402.
Powers and duties of the division
A. The division may:
1. Employ an executive director for the board and
other necessary personnel whose compensation shall be as determined pursuant to
section 38-611.
2. Subject to the provisions and restrictions of
this chapter, cooperate with and enter into agreements with the United States
equal employment opportunity commission, the United States department of
housing and urban development and other United States agencies interested in
practices governed by this chapter, accept monies from those agencies and carry
out and perform the covenants and conditions of any written agreement with
those agencies not inconsistent with or beyond this chapter.
3. Cooperate with and enter into agreements with
state and local agencies not inconsistent with or beyond this chapter.
4. Intervene in a civil action brought under section
41-1481 by a complainant against a defendant other than the state.
5. After studying recommendations of the board,
issue, amend or rescind procedural rules to carry out this chapter.
6. Make periodic surveys of the existence and effect
of discrimination because of race, color, religion, sex,
sexual orientation, gender identity and gender expression,
age, disability, familial status or national origin in the enjoyment of civil
rights by any person within this state as prescribed by this chapter.
7. Foster, through community effort, in cooperation
with both public and private groups, the elimination of discrimination based on
race, color, religion, sex,
sexual orientation, gender identity
and gender expression,
age, disability, familial status or national
origin.
8. Issue publications of results of studies,
investigations and research as in its judgment will tend to promote goodwill
and the elimination of discrimination between persons because of race, color,
religion, sex,
sexual orientation, gender identity and gender
expression,
age, disability, familial status or national origin.
9. Furnish persons subject to this chapter with such
assistance as may be reasonably necessary to further compliance with this
chapter.
B. The division
shall:
1. Administer this
chapter.
2. Report from time to time, but not less than once
a year in December, to the legislature and the governor, describing its
activities and accomplishments during the year, and file with each report a
copy of all recommendations of the division as to additional remedial action by
legislative enactment or otherwise.
END_STATUTE
Sec. 2. Section 41-1405, Arizona Revised
Statutes, is amended to read:
START_STATUTE
41-1405.
Reasonable accommodation or reasonable modification not required
under certain conditions
A covered entity under article 4 or 8 of this chapter is not
required to provide a reasonable accommodation or a reasonable modification to
policies, practices or procedures to an individual who meets the definition of
disability solely under section 41-1461, paragraph
5
4
, subdivision (c) or who meets the definition of being
regarded as having such a physical or mental impairment under section 41-1492.
END_STATUTE
Sec. 3. Section 41-1441, Arizona Revised
Statutes, is amended to read:
START_STATUTE
41-1441.
Definitions
In this article, unless the context otherwise requires:
1. "Gender
identity and gender expression" means the gender-related identity and
expression, including appearance, mannerisms or other gender-related
characteristics, of an individual regardless of the individual's designated sex
at birth.
1.
2.
"Person"
means an individual, corporation, partnership, unincorporated association, or
other organization, and includes the owner, lessee, operator, proprietor,
manager, superintendent, agent
,
or employee of any
place of public accommodation.
2.
3.
"Places
of public accommodation" means all public places of entertainment,
amusement or recreation, all public places where food or beverages are sold for
consumption on the premises, all public places
which
that
are conducted for the lodging of transients or for the
benefit, use or accommodation of those seeking health or recreation and all
establishments
which
that
cater or
offer their services, facilities or goods to or solicit patronage from the
members of the general public. Any dwelling as defined in section 41-1491,
or any private club, or any place
which
that
is in its nature distinctly private is not a place of public accommodation
.
END_STATUTE
Sec. 4. Section 41-1442, Arizona Revised
Statutes, is amended to read:
START_STATUTE
41-1442.
Discrimination in places of public accommodation; exceptions
A. Discrimination in places of public accommodation
against any person because of race, color, religion, sex,
sexual
orientation, gender identity and gender expression,
national origin or
ancestry is contrary to the policy of this state and shall be deemed unlawful.
B. No person, directly or indirectly, shall refuse
to, withhold from or deny to any person, nor aid in or incite the refusal to
deny or withhold, accommodations, advantages, facilities or privileges thereof
because of race, color, religion, sex,
sexual orientation,
gender identity and gender expression,
national origin or ancestry, nor
shall distinction be made with respect to any person based on race, color,
religion, sex,
sexual orientation, gender identity and gender
expression,
national origin or ancestry in connection with the price or
quality of any item, goods or services offered by or at any place of public
accommodation.
C. Any person who is under the influence of alcohol
or narcotics, who is guilty of boisterous conduct, who is of lewd or immoral
character, who is physically violent or who violates any regulation of any
place of public accommodation that applies to all persons regardless of race,
color, religion, sex,
sexual orientation, gender identity and
gender expression,
national origin or ancestry may be excluded from any
place of public accommodation and nothing in this article shall be considered
to limit the right of such exclusion.
D. Notwithstanding any other provision of this
article and except as required by federal law, it is not an unlawful practice
if a person fails to provide a trained and competent bilingual person who is
skilled in interpreting a language other than English to assist a person who is
seeking services at a place of public accommodation.� Notwithstanding any other
provision of this article and except as required by federal law, a person who
offers a service at a place of public accommodation is not required to provide
a person who is seeking the service any form or other documentation in that
person's native language.
E. It is not an unlawful practice pursuant to this
section for a person to fail to provide service at a place of public
accommodation if by providing the service the person offering the service would
violate a state or federal law or a rule that is adopted by a state or federal
board, commission or agency that has jurisdiction over the person offering the
service.
END_STATUTE
Sec. 5. Section 41-1444, Arizona Revised
Statutes, is amended to read:
START_STATUTE
41-1444.
Gender-neutral restrooms; changing stations; public
buildings; definitions
A. A public entity that constructs a new restroom
that is accessible to the public in a public building or that totally renovates
an existing restroom
that is accessible to both men and women and
to the public in a public building
shall:
1. Designate all single-occupancy
restroom facilities as gender-neutral restrooms.
1.
2.
Include
in
each building
at least one restroom
in
each building at least one
that is accessible to any
person regardless of gender and that contains a
changing station that is
capable of serving both a baby and an adult
and that is
accessible to both men and women
.
2.
3.
Provide
signage at or near the entrance to the changing station indicating the location
of the changing station.
3.
4.
Indicate the location of the changing station in
the central building directory, if such a directory exists.
B. The responsible authority may grant an exemption
from the requirements of this section if the responsible authority determines
that:
1. Any of the following would apply to the
installation of a changing station that is capable of serving both a baby and
an adult:
(a) The installation would not be feasible.
(b) The installation would result in a failure to
comply with the Americans with disabilities act standards for access for
persons with disabilities.
(c) The installation would threaten or destroy the
historic significance of a historic property.
2. The public building is not frequented by the
public.
C. The installation of a changing station under this
section must provide sufficient clear floor space to comply with the
requirements of the 2010 Americans with disabilities act standards for
accessible design.
D. This section does not establish a private right
of action.
E. For the purposes of this section:
1. "Public building" means a building or
appurtenance to a building that is built in whole or in part with public
monies.
2. "Public entity" means any:
(a) State or local government.
(b) Department, agency, special purpose district or other
instrumentality of a state or local government, including the legislature.
3. "Responsible authority" means an
organization, office or individual responsible for enforcing the requirements
of a code or standard or for approving equipment, materials, an installation or
a procedure.
4. "Totally renovates" means to perform
construction that is at least $50,000 and that totally removes all
nonstructural interior walls, floor and ceiling finishes, mechanical systems,
electrical systems and plumbing fixtures and supply and waste lines.
5. "2010 Americans with disabilities act
standards for accessible design" means the 2010 standards for state and
local government facilities prescribed in 28 Code of Federal Regulations
section 35.151 and 36 Code of Federal Regulations part 1191, appendices B and
D.
END_STATUTE
Sec. 6. Section 41-1461, Arizona Revised
Statutes, is amended to read:
START_STATUTE
41-1461.
Definitions
In this article, unless the context otherwise requires:
1. "Auxiliary aids and services" includes:
(a) Qualified interpreters or other effective
methods of making aurally delivered materials available to individuals with
hearing impairments.
(b) Qualified readers, taped texts or other
effective methods of making visually delivered materials available to
individuals with visual impairments.
(c) Acquisition or modification of equipment or
devices.
(d) Other similar services and actions.
3.
2.
"Being
regarded as having such a physical or mental impairment":
(a) Means an individual who establishes that the
individual has been subjected to an action prohibited under this article
because of an actual or perceived physical or mental impairment whether or not
the impairment limits or is perceived to limit a major life activity.
(b) Does not mean an impairment that is transitory
and minor.� For the purposes of this subdivision, "transitory
impairment" means an impairment with an actual or expected duration of six
months or less.
4.
3.
"Covered
entity" means an employer, employment agency, labor organization or joint
labor-management committee.
5.
4.
"Disability"
means, with respect to an individual, except any impairment caused by current
use of illegal drugs, any of the following:
(a) A physical or mental impairment that
substantially limits one or more of the major life activities of the
individual.
(b) A record of such a physical or mental
impairment.
(c) Being regarded as having such a physical or
mental impairment.
6.
5.
"Employee":
(a) Means an individual employed by an employer.
(b) Does not include an elected public official of
this state or any political subdivision of this state, any person chosen by an elected
official to be on the elected official's personal staff, an appointee on the
policymaking level or an immediate adviser with respect to the exercise of the
constitutional or legal powers of the office, unless the person or appointee is
subject to the civil service laws of this state or any political subdivision of
this state.
7.
6.
"Employer":
(a) Means a person who has
fifteen
five
or more employees for each working day in each of
twenty or more calendar weeks in the current or preceding calendar year and any
agent of that person or a person who has one or more employees in the current
or preceding calendar year and any agent of that person, to the extent that the
person is alleged to have:
(i) Committed any act of sexual harassment.
(ii) Discriminated against anyone for opposing
sexual harassment or making a charge, testifying, assisting or participating in
any manner in an investigation, proceeding or hearing arising from sexual
harassment.
(b) Does not include either:
(i) The United States or any department or agency of
the United States, a corporation wholly owned by the government of the United
States or an Indian tribe.
(ii) A bona fide private membership club, other than
a labor organization, that is exempt from taxation under section 501(c) of the
internal revenue code of 1954.
8.
7.
"Employment
agency" means any person regularly undertaking with or without
compensation to procure employees for an employer or to procure for employees
opportunities to work for an employer and includes an agent of that person.
8. "GENDER IDENTITY and gender
expression" MEANS THE GENDER-RELATED IDENTITY AND EXPRESSION, INCLUDING
APPEARANCE, MANNERISMS OR OTHER GENDER-RELATED CHARACTERISTICS, OF AN
INDIVIDUAL REGARDLESS OF THE INDIVIDUAL'S DESIGNATED SEX AT BIRTH.
9. "Labor organization":
(a) Means a labor organization and any agent of a
labor organization.
(b) Includes:
(i) Any organization of any kind, any agency or
employee representation committee, group, association or plan in which
fifteen
five
or more employees participate
and that exists for the purpose, in whole or in part, of dealing with employers
concerning grievances, labor disputes, wages, rates of pay, hours or other
terms or conditions of employment.
(ii) Any conference, general committee, joint or
system board or joint council that is subordinate to a national or
international labor organization.
10. "Major life activities" includes:
(a) Caring for oneself, performing manual tasks,
seeing, hearing, eating, sleeping, walking, standing, lifting, bending,
speaking, breathing, learning, reading, concentrating, thinking, communicating
and working.
(b) The operation of a major bodily function,
including functions of the immune system, normal cell growth and digestive,
bowel, bladder, neurological, brain, respiratory, circulatory, endocrine and
reproductive functions.
2.
11.
"Because of sex" and
"On the basis of sex"
includes because of or on the basis of pregnancy or childbirth or related
medical conditions.
11.
12.
"Person"
means one or more individuals, governmental agencies, political subdivisions,
labor unions, partnerships, associations, corporations, legal representatives,
mutual companies, joint-stock companies, trusts, unincorporated
organizations, trustees, trustees in bankruptcy or receivers.
12.
13.
"Qualified individual" means a person
with a disability who, with or without reasonable accommodation, is capable of
performing the essential functions of the employment position that the
individual holds or desires.
13.
14.
"Reasonable
accommodation"
includes:
(a) Making existing facilities used by employees
readily accessible to and usable by individuals with disabilities.
(b) Job restructuring, part-time or modified
work schedules, reassignment to a vacant position, acquisition or modification
of equipment or devices, appropriate adjustment or modification of
examinations, training materials or policies, the provision of qualified
readers, taped texts or other effective methods of making visually delivered
materials available to individuals with visual impairments, the provision of
auxiliary aids and services or interpreters and other similar services and
actions for individuals with disabilities.
14.
15.
"Religion"
means all aspects of religious observance and practice, as well as belief.�
Unlawful practices as prohibited by this article include practices with respect
to religion unless an employer demonstrates that the employer is unable to
reasonably accommodate an employee's or prospective employee's religious
observance or practice without undue hardship on the conduct of the employer's
business.
15.
16.
"Undue
hardship":
(a) Means an action requiring significant difficulty
or expense when considered in light of the factors set forth in subdivision (b)
of this paragraph.
(b) When determining whether an accommodation would
impose an undue hardship on a covered entity, factors to be considered include:
(i) The nature and cost of the accommodations needed
under this article.
(ii) The overall financial resources of the facility
or facilities involved in the provision of the reasonable accommodation, the
number of persons employed at the facility, the effect on expenses and
resources of the facility and any other impact of the accommodation on the
operation of the facility.
(iii) The overall financial resources of the covered
entity, the overall size of the business of the covered entity with respect to
the number of its employees and the number, type and location of its
facilities.
(iv) The type of operation or operations of the
covered entity, including the composition, structure and functions of the
workforce of the covered entity.
(v) The geographic separateness and the
administrative or fiscal relationship of the facility to the covered entity.
END_STATUTE
Sec. 7. Section 41-1463, Arizona Revised Statutes, is amended to read:
START_STATUTE
41-1463.
Discrimination; unlawful practices; definition
A.
Nothing contained in
This
article shall
not
be interpreted to require that the less
qualified be preferred over the better qualified simply because of race, color,
religion, sex,
sexual orientation, gender identity and gender
expression,
age or national origin or on the basis of disability.
B. It is an unlawful employment practice for an
employer:
1. To fail or refuse to hire or to discharge any
individual or otherwise to discriminate against any individual with respect to
the individual's compensation, terms, conditions or privileges of employment
because of the individual's race, color, religion, sex,
sexual
orientation, gender identity and gender expression,
age or national
origin or on the basis of disability.
2. To 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 the
individual's status as an employee, because of the individual's race, color,
religion, sex,
sexual orientation, gender identity and gender
expression,
age or national origin or on the basis of disability.
3. To fail or refuse to hire, to discharge or to
otherwise discriminate against any individual based on the results of a genetic
test received by the employer, notwithstanding subsection
J
K
, paragraph 2 of this section.
C. The dENIAL OF ACCESS TO A SHARED
FACILITY IS A FORM OF DISCRIMINATION AS PRESCRIBED BY SUBSECTION B OF THIS
SECTION.
C.
D.
It
is an unlawful employment practice for an employment agency to fail or refuse
to refer for employment or otherwise to discriminate against any individual
because of the individual's race, color, religion, sex,
sexual
orientation, gender identity and gender expression,
age or national
origin or on the basis of disability or to classify or refer for employment any
individual on the basis of the individual's race, color, religion, sex,
sexual orientation, gender identity and gender expression,
age
or national origin or on the basis of disability.
D.
E.
It
is an unlawful employment practice for a labor organization:
1. To exclude or to expel from its membership or
otherwise to discriminate against any individual because of the individual's
race, color, religion, sex,
sexual orientation, gender identity
and gender expression,
age or national origin or on the basis of
disability.
2. To limit, segregate or classify its membership or
applicants for membership or to classify or fail or refuse to refer for
employment any individual in any way that would deprive or tend to deprive the
individual of employment opportunities or would limit those employment
opportunities or otherwise adversely affect the individual's status as an
employee or as an applicant for employment because of the individual's race,
color, religion, sex,
sexual orientation, gender identity and
gender expression,
age or national origin or on the basis of disability.
3. To cause or attempt to cause an employer to
discriminate against an individual in violation of this section.
E.
F.
It
is an unlawful employment practice for any employer, labor organization or
joint labor-management committee controlling apprenticeship or other
training or retraining programs, including on-the-job training
programs, to discriminate against any individual because of the individual's
race, color, religion, sex,
sexual orientation, gender identity
and gender expression,
age or national origin or on the basis of
disability in admission to or employment in any program established to provide
apprenticeship or other training and, if the individual is an otherwise
qualified individual, to fail or refuse to reasonably accommodate the
individual's disability.
F.
G.
With
respect to a qualified individual, it is an unlawful employment practice for a
covered entity to:
1. Participate in any contractual or other
arrangement or relationship that has the effect of subjecting a qualified
individual who applies with or who is employed by the covered entity to
unlawful employment discrimination on the basis of disability.
2. Use standards, criteria or methods of
administration that have the effect of discriminating on the basis of
disability or that perpetuate the discrimination of others who are subject to
common administrative control.
3. Exclude or otherwise deny equal jobs or benefits
to an individual qualified for the job or benefits because of the known
disability of an individual with whom the individual qualified for the job or
benefits is known to have a relationship or association.
4. Not make reasonable accommodations to the known
physical or mental limitations of an otherwise qualified individual who is an
applicant or employee unless the covered entity can demonstrate that the
accommodation would impose an undue hardship on the operation of the business
of the covered entity or the individual only meets the definition of disability
as prescribed in section 41-1461, paragraph
5
4
, subdivision (c).
5. Deny employment opportunities to a job applicant
or employee who is an otherwise qualified individual if the denial is based on
the need of the covered entity to make reasonable accommodation to the physical
or mental impairment of the applicant or employee.
6. Use qualification standards, employment tests or
other selection criteria, including those based on an individual's uncorrected
vision, that screen out or tend to screen out an individual with a disability
or a class of individuals with disabilities, unless the standard, test or other
selection criteria, as used by the covered entity, is shown to be job related
for the position in question and is consistent with business necessity.
7. Fail to select and administer tests relating to
employment in the most effective manner to ensure that, when the test is
administered to a job applicant or employee who has a disability that impairs
sensory, manual or speaking skills, the test results accurately reflect the
skills or aptitude or whatever other factor of the applicant or employee that
the test purports to measure, rather than reflecting the impaired sensory,
manual or speaking skills of the applicant or employee, except if the skills
are the factors that the test purports to measure.
G.
H.
Women
who are affected by pregnancy or childbirth or related medical conditions shall
be treated the same for all employment-related purposes, including
receipt of benefits under fringe benefit programs, as other persons not so
affected but similar in their ability or inability to work, and subsection
J
K
, paragraph 3 of this section may
not be interpreted to allow otherwise.
H.
I.
Notwithstanding
any other provision of this article, it is not an unlawful employment practice:
1. For an employer to hire and employ employees, for
an employment agency to classify or refer for employment any individual, for a
labor organization to classify its membership or classify or refer for
employment any individual or for an employer, labor organization or joint labor-management
committee controlling apprenticeship or other training or retraining programs
to admit or employ any individual in any such program, on the basis of the
individual's religion, sex
, SEXUAL ORIENTATION, GENDER IDENTITY
and gender expression
or national origin in those certain
instances when religion, sex
, SEXUAL ORIENTATION, GENDER
IDENTITY
and gender expression
or national origin
is a bona fide occupational qualification reasonably necessary to the normal
operation of that particular business or enterprise.
2. For any school, college, university or other
educational institution or institution of learning to hire and employ employees
of a particular religion if the school, college, university or other
educational institution or institution of learning is in whole or in
substantial part owned, supported, controlled or managed by a particular
religion or religious corporation, association or society, or if the curriculum
of the school, college, university or other educational institution or institution
of learning is directed toward the propagation of a particular religion.
3. For an employer to fail or refuse to hire or
employ any individual for any position, for an employment agency to fail or
refuse to refer any individual for employment in any position or for a labor
organization to fail or refuse to refer any individual for employment in any
position, if both of the following apply:
(a) The occupancy of the position or access to the
premises in or on which any part of the duties of the position are performed or
are to be performed is subject to any requirement imposed in the interest of
the national security of the United States under any security program in effect
pursuant to or administered under any statute of the United States or any
executive order of the president of the United States.
(b) The individual has not fulfilled or has ceased
to fulfill that requirement.
4. With respect to age, for an employer, employment
agency or labor organization:
(a) To take any action otherwise prohibited under
subsection B,
C
D
or
D
E
of this section if age is a bona
fide occupational qualification reasonably necessary to the normal operation of
the particular business or if the differentiation is based on reasonable
factors other than age.
(b) To observe the terms of a bona fide seniority
system or any bona fide employee benefit plan such as a retirement, pension,
deferred compensation or insurance plan, which is not a subterfuge to evade the
purposes of the age discrimination provisions of this article, except that no
employee benefit plan may excuse the failure to hire any individual and no
seniority system or employee benefit plan may require or allow the involuntary
retirement of any individual specified by section 41-1465 because of the
individual's age.
(c) To discharge or otherwise discipline an
individual for good cause.
I.
J.
For
the purposes of this article, unlawful employment practice does not include any
action or measure taken by an employer, labor organization, joint labor-management
committee or employment agency with respect to an individual who is a member of
the communist party of the United States or of any other organization required
to register as a communist-action or communist-front organization
by final order of the subversive activities control board pursuant to the
subversive activities control act of 1950.
J.
K.
Notwithstanding
any other provision of this article, it is not an unlawful employment practice:
1. For an employer to apply different standards of
compensation or different terms, conditions or privileges of employment
pursuant 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
, sexual
orientation, gender identity and gender expression
or national origin.
2. For an employer to give and act on the results of
any professionally developed ability test if the test, its administration or
action on the results is not designed, intended or used to discriminate because
of race, color, religion, sex
, sexual orientation, gender
identity and gender expression
or national origin.
3. For any employer to differentiate on the basis of
sex or disability in determining the amount of the wages or compensation paid
or to be paid to employees of the employer if the differentiation is authorized
by the provisions of section 6(d) or section 14 of the fair labor standards act
of 1938, as amended (29 United States Code section 206(d)).
K.
L.
Nothing contained in
This chapter
applies
does not apply
to any business or enterprise on or near an
Indian reservation with respect to any publicly announced employment practice
of the business or enterprise under which a preferential treatment is given to
any individual because the individual is an Indian living on or near a
reservation.
L.
M.
Nothing contained in
This article or article 6 of this chapter
requires
does not require
any employer,
employment agency, labor organization or joint labor-management committee
subject to this article to grant preferential treatment to any individual or
group because of the race, color, religion, sex
, sexual
orientation, gender identity and gender expression
or national origin of
the individual or group on account of an imbalance that may exist with respect
to the total number or percentage of persons of any race, color, religion, sex
, sexual orientation, gender identity and gender expression
or
national origin employed by any employer, referred or classified for employment
by any employment agency or labor organization, admitted to membership or
classified by any labor organization or admitted to or employed in any
apprenticeship or other training program, in comparison with the total number
or percentage of persons of that race, color, religion, sex
,
sexual orientation, gender identity and gender expression
or national
origin in any community, state, section or other area, or in the available
workforce in any community, state, section or other area.
M.
N.
The
age discrimination prohibitions of this article
may
do
not
be construed to
prohibit compulsory
retirement of any employee who has attained sixty-five years of age and
who, for the
two year
two-year
period immediately before retirement, is employed in a bona fide executive or
high policymaking position, if the employee is entitled to an immediate
nonforfeitable annual retirement benefit from a pension, profit sharing,
savings or deferred compensation plan or any combination of plans of the employer
for the employee, that equals, in the aggregate, at least
$44,000. In applying the retirement benefit test of this subsection,
if any retirement benefit is in a form other than a straight life annuity, with
no ancillary benefits, or if employees contribute to the plan or make rollover
contributions, the benefit shall be adjusted in accordance with rules adopted
by the division so the benefit is the equivalent of a straight life annuity,
with no ancillary benefits, under a plan to which employees do not contribute
and under which no rollover contributions are made.
N.
O.
A
covered entity may require that an individual with a disability shall not pose
a direct threat to the health or safety of other individuals in the
workplace. For the purposes of this subsection, "direct
threat" means a significant risk to the health or safety of others that
cannot be eliminated by reasonable accommodation.
O.
P.
This
article does not alter the standards for determining eligibility for benefits
under this state's workers' compensation laws or under state and federal
disability benefit programs.
P.
Q.
For
the purposes of this section and section 41-1481, with respect to
employers or employment practices involving a disability,
"individual" means a qualified individual.
END_STATUTE
Sec. 8. Section 41-1464, Arizona Revised
Statutes, is amended to read:
START_STATUTE
41-1464.
Other unlawful employment practices; opposition to unlawful
practices; filing of charges; participation in proceedings; notices and
advertisements for employment
A. It is an unlawful employment practice for an
employer to discriminate against any of the employer's employees or applicants
for employment, for an employment agency or joint labor-management
committee controlling apprenticeship or other training or retraining programs,
including on-the-job training programs, to discriminate against any
individual or for a labor organization to discriminate against any member or
applicant for membership because the employee, the member, the applicant or the
individual in an apprenticeship or other training or retraining program has
opposed any practice that is an unlawful employment practice under this article
or has made a charge, testified, assisted or participated in any manner in an
investigation, proceeding or hearing under article 6 of this chapter.
B. It is an unlawful employment practice for an
employer, labor organization, employment agency or joint labor-management
committee controlling apprenticeship or other training or retraining programs,
including on-the-job training programs, to print or publish or
cause to be printed or published any notice or advertisement relating to
employment by an employer or membership in or any classification or referral
for employment by a labor organization
,
or
relating to
any classification or referral for employment by an
employment agency or
relating to
admission or
to
employment in any program established to provide
apprenticeship or other training by a joint labor-management committee
indicating any preference, limitation, specification or discrimination based on
race, color, religion, sex
, sexual orientation, gender identity
and gender expression
or national origin, except that a notice or
advertisement may indicate a preference, limitation, specification or
discrimination based on religion, sex or national origin when religion, sex
, sexual orientation, gender identity
and gender
expression
or national origin is a bona fide occupational qualification
for employment.
C. It is unlawful for an employer, labor
organization or employment agency to print or publish or cause to be printed or
published any notice or advertisement relating to employment by an employer or
membership in or any classification or referral for employment by a labor
organization or
relating to
any classification or referral
for employment by an employment agency, indicating any preference, limitation,
specification or discrimination based on age, except that the notice or
advertisement may indicate a preference, limitation, specification or
discrimination based on age when age is a bona fide occupational qualification
for employment.
END_STATUTE
Sec. 9. Section 41-1481, Arizona Revised
Statutes, is amended to read:
START_STATUTE
41-1481.
Filing charges; investigation; findings; conciliation; compliance
proceedings; appeals; attorney fees; violation; classification
A. A charge under this section shall be filed within
one hundred eighty days after the alleged unlawful employment practice
occurred. A charge is deemed filed on receipt by the division from
or on behalf of a person claiming to be aggrieved or, if filed by a member of
the division, when executed by the member on oath or affirmation. A
charge is deemed filed by or on behalf of a person claiming to be aggrieved if
received from the United States equal employment opportunity
commission. A charge shall be in writing on oath or affirmation and
shall contain the information, including the date, place and circumstances of
the alleged unlawful employment practice, and be in the form as the division
requires. The division shall not make charges public.
B. Whenever a charge is filed by or on behalf of a
person claiming to be aggrieved or by a member of the division, referred to as
the charging party, alleging that an employer, employment agency, labor
organization or joint labor-management committee controlling
apprenticeship or other training or retraining programs, including on-the-job
training programs, has engaged in an unlawful employment practice, the division
shall serve notice of and a copy of the charge on the employer, employment
agency, labor organization or joint labor-management committee, referred
to as the respondent, within ten days and shall investigate the
charge. If the division determines after the investigation that
there is not reasonable cause to believe that the charge is true, the division
shall enter an order determining the same and dismissing the charge and shall
notify the charging party and the respondent of its action. If the
division determines after the investigation that there is reasonable cause to
believe that the charge is true, the division shall enter an order containing
its findings of fact and shall endeavor to eliminate the alleged unlawful
employment practice by informal methods of conference, conciliation and
persuasion. Any party to the informal proceeding may be represented
by counsel. Counsel need not be a member of the state bar if counsel
is licensed to practice law in any other state or territory of the United
States. Nothing said or done during and as a part of the informal
endeavors may be made public by the division or its officers or employees or
used as evidence in a subsequent proceeding without the written consent of the
persons concerned. If a civil action resulting from a charge is
commenced in any federal or state court, evidence collected by or submitted to
the division during the investigation of the charge and the source of the
evidence shall be subject to discovery by the parties to the civil
action. Any person who makes public information in violation of this
subsection is guilty of a class 1 misdemeanor. The division shall
make its determination on reasonable cause as promptly as possible and as far
as practicable not later than sixty days
from
after
the filing of the charge. If more than two
years have elapsed after the alleged unlawful employment practice occurred, and
if the charging party has received a notice of right to sue, the division may
cease investigation of a charge without reaching a determination.
C. All conciliation agreements shall provide that
the charging party waives, releases and covenants not to sue the respondent or
claim against the respondent in any forum with respect to the matters
which
that
were alleged as charges filed
with the division, subject to performance by the respondent of the promises and
representations contained in the conciliation agreement. The
charging party or the respondent may prepare a conciliation agreement that the
division shall submit to the other party and that, if accepted by the other
party, shall be accepted by the division.
D. If within thirty days after the division has made
a determination that reasonable cause exists to believe that the charge is true
the division has not accepted a conciliation agreement to which the charging
party and the respondent are parties, the division may bring a civil action
against the respondent, other than the state, named in the
charge. The charging party shall have the right to intervene in a
civil action brought by the division. If a charge filed with the
division pursuant to subsection A of this section is dismissed by the division
or if within ninety days
from
after
the filing of such charge the division has not filed a civil action under this
section or has not entered into a conciliation agreement with the charging
party, the division shall so notify the charging party. After
providing the notice a civil action may be brought against the respondent named
in the charge by the charging party or, if that charge was filed by a member of
the division, by any person whom the charge alleges was aggrieved by the
alleged unlawful employment practice.
In no event
shall any
An
action
may not
be
brought pursuant to this article more than one year after the charge to which
the action relates has been filed. On application by the complainant
and in the circumstances as the court may deem just, the court may appoint an
attorney for such complainant and may authorize the commencement of the action
without the payment of fees, costs or security. On timely
application, the court may in its discretion allow the division to intervene in
civil actions in which the state is not a defendant on certification that the
case is of general public importance.
Upon
on
request the court may stay further proceedings for not more
than sixty days pending the further efforts of the parties or the division to
obtain voluntary compliance.
E. Whenever a charge is filed with the division and
the division concludes on the basis of a preliminary investigation that prompt
judicial action is necessary to carry out the purposes of this article or
article 4 of this chapter, the division may bring an action for appropriate
temporary or preliminary relief pending final disposition of the charge.� Any
temporary restraining order or other order granting preliminary or temporary
relief shall be issued in accordance with the Arizona rules of civil procedure. The
court having jurisdiction over the proceedings shall assign such action for
hearing at the earliest practicable date and cause the action to be expedited
in every way.
F. The court shall assign any action brought under
this article for hearing at the earliest practicable date and cause the action
to be in every way expedited. If the action has not been scheduled
for trial within one hundred twenty days after issue has been joined, the judge
may appoint a master pursuant to rule 53 of the Arizona rules of civil
procedure.
G. If the court finds that the defendant has
intentionally engaged in or is intentionally engaging in an unlawful employment
practice alleged in the complaint, the court may enjoin the defendant from
engaging in the unlawful employment practice and order the affirmative action
as may be appropriate. Affirmative action may include
,
but is not limited to,
reinstatement or hiring of employees with or
without back pay payable by the employer, employment agency or labor
organization responsible for the unlawful employment practice or any other
equitable relief as the court deems appropriate. Back pay liability
shall not accrue from a date more than two years before the filing of the
charge with the division. Interim earnings or amounts earnable with
reasonable diligence by the person or persons discriminated against shall
reduce the back pay otherwise allowable. An order of the court shall
not require the admission or reinstatement of an individual as a member of a
union or the hiring, reinstatement or promotion of an individual as an employee
or the payment to the individual of any back pay if the individual was refused
admission, suspended or expelled or was refused employment or advancement or
was suspended or discharged for any reason other than discrimination on account
of race, color, religion, sex,
sexual orientation, gender
identity and gender expression,
age, disability or national origin or a
violation of section 41-1464.
H. In any case in which an employer, employment
agency or labor organization fails to comply with an order of a court issued in
a civil action brought under this section, a party to the action or the
division on the written request of a person aggrieved by such failure may
commence proceedings to compel compliance with the order.
I. Any civil action brought under this section and
any proceedings brought under subsection H of this section are subject to
appeal as provided in sections 12-120.21, 12-120.22 and 12-120.24.
J. In any action or proceeding under this section
the court may allow the prevailing party, other than the division, a reasonable
attorney fee as part of the costs.
END_STATUTE
Sec. 10. Section 41-1491, Arizona Revised
Statutes, is amended to read:
START_STATUTE
41-1491.
Definitions
In this article, unless the context otherwise requires:
1. "Aggrieved person" includes any person
who either:
(a) Claims to have been injured by a discriminatory
housing practice.
(b) Believes that the person will be injured by a
discriminatory housing practice that is about to occur.
2. "Assistance animal" means a trained or
untrained animal that works, provides assistance, performs tasks or provides
therapeutic or emotional support for the benefit of a person with a disability.
3. "Complainant" means a person, including
the attorney general, who files a complaint under section 41-1491.22.
4. "Conciliation" means the attempted
resolution of issues raised by a complaint or by the investigation of the
complaint through informal negotiations involving the aggrieved person, the
respondent and the attorney general.
5. "Conciliation agreement" means a
written agreement setting forth the resolution of the issues in conciliation.
6. "Disability" means a mental or physical
impairment that substantially limits at least one major life activity, a record
of such an impairment or being regarded as having such an
impairment. Disability does not include current illegal use of or
addiction to any drug or illegal or federally controlled
substance. Disability shall be defined and construed as the term is
defined and construed by the Americans with disabilities act of 1990 (P.L. 101-336)
and the ADA amendments act of 2008 (P.L. 110-325; 122 Stat. 3553).
7. "Discriminatory
housing practice" means an act prohibited by sections 41-1491.14
through 41-1491.21.
8. "Dwelling"
means either:
(a) Any building,
structure or part of a building or structure that is occupied as, or designed
or intended for occupancy as, a residence by one or more families.
(b) Any vacant land that is offered for sale or
lease for the construction or location of a building, structure or part of a
building or structure described by subdivision (a) of this paragraph.
9. "Family" includes a single individual.
10. "Gender identity and gender
expression" means the gender-related identity and expression,
including appearance, mannerisms or other gender-related characteristics of an
individual regardless of the INDIVIDUAL'S DESIGNATED sex at birth.
10.
11.
"Person"
means one or more individuals, corporations, partnerships, associations, labor
organizations, legal representatives, mutual companies, joint stock companies,
trusts, unincorporated organizations, trustees, receivers, fiduciaries, banks,
credit unions and financial institutions.
11.
12.
"Respondent"
means either:
(a) The person accused of a violation of this
article in a complaint of a discriminatory housing practice.
(b) Any person identified as an additional or
substitute respondent under section 41-1491.25 or an agent of an
additional or substitute respondent.
12.
13.
"Service
animal":
(a) Means any dog or miniature horse that is
individually trained or in training to do work or perform tasks for the benefit
of an individual with a disability, including a physical, sensory, psychiatric,
intellectual or other mental disability.
(b) Does not include other species of animals,
whether wild or domestic, trained or untrained.
13.
14.
"To
rent" includes to lease, to sublease, to let or to otherwise grant for a
consideration the right to occupy premises not owned by the occupant.
END_STATUTE
Sec. 11. Section 41-1491.05, Arizona Revised
Statutes, is amended to read:
START_STATUTE
41-1491.05.
Appraisal exemption
This article does not prohibit a person engaged in the business
of furnishing appraisals of real property from taking into consideration
factors other than race, color, religion, sex,
sexual
orientation, gender identity and gender expression,
disability, familial
status or national origin.
END_STATUTE
Sec. 12. Section 41-1491.14, Arizona Revised Statutes, is amended to read:
START_STATUTE
41-1491.14.
Discrimination in sale or rental
A. A person may not refuse to sell or rent after a
bona fide offer has been made or refuse to negotiate for the sale or rental of
or otherwise make unavailable or deny a dwelling to any person because of race,
color, religion, sex,
sexual orientation, gender identity and
gender expression,
familial status or national origin.
B. A person may not discriminate against any person
in the terms, conditions or privileges of sale or rental of a dwelling, or in
providing services or facilities in connection with the sale or rental, because
of race, color, religion, sex,
sexual orientation, gender
identity and gender expression,
familial status or national origin.
C. This section does not prohibit discrimination
against a person because the person has been convicted under federal law or the
law of any state of the illegal manufacture or distribution of a controlled
substance.
END_STATUTE
Sec. 13. Section 41-1491.15, Arizona Revised
Statutes, is amended to read:
START_STATUTE
41-1491.15.
Publication of sales or rentals
A person may not make, print or publish or cause to be made,
printed or published any notice, statement or advertisement with respect to the
sale or rental of a dwelling that indicates any preference, limitation or
discrimination based on race, color, religion, sex,
sexual
orientation, gender identity and gender expression,
disability, familial
status or national origin or an intention to make such a preference, limitation
or discrimination.
END_STATUTE
Sec. 14. Section 41-1491.16, Arizona Revised
Statutes, is amended to read:
START_STATUTE
41-1491.16.
Inspection of dwelling
A person may not represent to any person because of race,
color, religion, sex,
sexual orientation, gender identity and
gender expression,
disability, familial status or national origin that a
dwelling is not available for inspection for sale or rental if the dwelling is
available for inspection.
END_STATUTE
Sec. 15. Section 41-1491.17, Arizona Revised
Statutes, is amended to read:
START_STATUTE
41-1491.17.
Entry into neighborhood
A person, for profit, may not induce or attempt to induce a
person to sell or rent a dwelling by representations regarding the entry or
prospective entry into a neighborhood of a person of a particular race, color,
religion, sex,
sexual orientation, gender identity and gender
expression,
disability, familial status or national origin.
END_STATUTE
Sec. 16. Section 41-1491.20, Arizona Revised Statutes, is amended to read:
START_STATUTE
41-1491.20.
Residential real estate related transaction; definition
A. A person whose business includes engaging in
residential real estate related transactions may not discriminate against a
person in making a real estate related transaction available or in the terms or
conditions of a real estate related transaction because of race, color,
religion, sex,
sexual orientation, gender identity and gender
expression,
disability, familial status or national origin.
B.
In
For the
purposes of
this section, "residential real estate related
transaction" means:
1. Making or purchasing loans or providing other
financial assistance either:
(a) To purchase, construct, improve, repair or
maintain a dwelling.
(b) To secure residential real estate.
2. Selling, brokering or appraising residential real
property.
END_STATUTE
Sec. 17. Section 41-1491.21, Arizona Revised
Statutes, is amended to read:
START_STATUTE
41-1491.21.
Brokerage services
A person may not deny any person access to, or membership or
participation in, a multiple listing service, real estate brokers' organization
or other service, organization or facility relating to the business of selling
or renting dwellings or may not discriminate against a person in the terms or
conditions of access, membership or participation in such an organization,
service or facility because of race, color, religion, sex,
sexual orientation, gender identity and gender expression,
disability,
familial status or national origin.
END_STATUTE