HB2868

THE CONTEXT: The Arizona Constitution prohibits the state from granting preferential treatment or discriminating on the basis of sex, race, color, ethnicity or national origin in the operation of public employment, education or contracting. This prohibition does not include qualifications based on sex that are reasonable and necessary, actions to establish or maintain federal programs that would otherwise result in a loss of federal money or invalidate court orders and consent decrees ( Article II 36, Const.

WHAT THE BILL DID: The final vetoed version would prohibit a municipality, county, community college district governing board or university under the jurisdiction of the Arizona Board of Regents from doing the following: a) Establishing or maintaining a diversity, equity and inclusion office; b) Hiring or assigning an employee or contract with a third party to perform the duties of a diversity equity and inclusion office; c) Compelling, requiring, inducing or soliciting any person to provide a diversity, equity and inclusion statement or giving preferential consideration to any person based on a diversity, equity and inclusion statement; d) Giving preference on the basis of race, sex, color or ethnicity to an applicant for employment, an employee or a participant in any function of the entity; e) Requiring as a condition of employment that employees participate in specified diversity equity and inclusion trainings; f) Requiring enrollment in or completion of an academic course that promotes the tenets of diversity, equity and inclusion or activities of a diversity equity and inclusion office, require a municipality, county, community college district governing board or university under the jurisdiction of the Arizona Board of Regents to adopt policies and procedures for appropriately disciplining, including termination, employees or contractors that engage in these prohibited activities, and specifies that the following restrictions do not apply to community college district governing boards or universities under the jurisdiction of the Arizona Board of Regents: a) Academic course instruction except for mandatory academic courses that promote diversity, equity and inclusion or activities of a diversity equity and inclusion office; b) Scholarly research and creative work by the community college or university's students, faculty or other research personnel and the work's dissemination; c) An activity of a registered or recognized student organization; d) Guest speakers or performers on short term engagements; e) Policies, practices, procedures, programs, or activities to enhance student academic achievement or postgraduate outcomes that are designed and implemented without regard to race, sex, color or ethnicity; f) Data collection; g) Student recruitment or admissions.

WHY IT MATTERED: The practical reason for this bill was to set a clear legal boundary for discrimination instead of leaving the conduct unaddressed. It would prohibit a municipality, county, community college district governing board or university under the jurisdiction of the Arizona Board of Regents from doing the following: a) Establishing or maintaining a diversity, equity and inclusion office; b) Hiring or assigning an employee or contract with a third party to perform the duties of a diversity equity and inclusion office; c) Compelling, requiring, inducing or soliciting any person to provide a diversity, equity and inclusion statement or giving preferential consideration to any person based on a diversity, equity and inclusion statement; d) Giving preference on the basis of race, sex, color or ethnicity to an applicant for employment, an employee or a participant in any function of the entity; e) Requiring as a condition of employment that employees participate in specified diversity equity and inclusion trainings; f) Requiring enrollment in or completion of an academic course that promotes the tenets of diversity, equity and inclusion or activities of a diversity equity and inclusion office, and would also require a municipality, county, community college district governing board or university under the jurisdiction of the Arizona Board of Regents to adopt policies and procedures for appropriately disciplining, including termination, employees or contractors that engage in these prohibited activities, rather than leave the current rule unchanged.