Official Summary Text
SB1013 - 572R - Senate Fact Sheet
Assigned to
RAGE��������������������������������������������������������������������������������������������� AS
PASSED BY COMMITTEE
ARIZONA STATE SENATE
Fifty-Seventh
Legislature, Second Regular Session
AMENDED
FACT SHEET FOR
S.B. 1013
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.
Pr
ohibits 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:
a)
contradict
any state or federal employment laws that prohibit discriminatory practices; or
b)
apply
to, limit or diminish voluntary veterans' preference employment policies in
accordance with statute or any other veterans' preference policies.
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.
Amendments Adopted by Committee
1.
States that the merit-based hiring requirement does not
apply to, limit or diminish voluntary veterans' preference
employment policies in accordance with statute or any other veterans'
preference policies.
2.
Makes conforming changes.
Senate Action
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Prepared by Senate Research
January 23, 2026
JT/NRG/ci
Current Bill Text
Read the full stored bill text
SB1013 - 572R - S Ver
Senate Engrossed
public employees;
merit; hiring practices
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SENATE BILL 1013
AN
ACT
amending
title 38, chapter 3, article 4, Arizona Revised Statutes, by adding section 38-452;
relating to public employees.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 38, chapter 3, article 4,
Arizona Revised Statutes, is amended by adding section 38-452, to read:
START_STATUTE
38-452.
Public employees; merit-based hiring; applicability;
definition
A. This state or a political
subdivision of this state may not
do either of the
following:
1. Establish any policies or
practices that require a person to be hired based on anything other than the
merit of the person.
2. Manipulate or influence the
composition of employees with reference to race, ethnicity, sex or national
origin except to ensure color-blind and race-neutral hiring in
accordance with state and federal antidiscrimination laws.
B. The attorney general, a county
attorney or any other person may file for declaratory relief, injunctive relief
or damages for any violation of this section. A party that prevails
in an action against this state or a political subdivision of this state is
entitled to costs and reasonable attorney fees.
C. This section does not contradict
any state laws or federal employment laws that prohibit discriminatory
practices.
D. This section does not apply to,
limit or diminish voluntary veterans' preference employment policies pursuant
to section 23-495.01 or any other veterans' preference policies.
D.
E. For the purposes of this section, "merit"
means 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.
END_STATUTE