SB1256

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 state agencies, boards, commissions and departments from doing the following: a) using diversity, equity and inclusion programs for hiring, training or promotion purposes; b) requiring employees to engage in diversity, equity and inclusion programs; or c) requiring as a contract condition participation in a diversity, equity and inclusion program, require the Department of Administration to monitor hiring practices of state agencies, boards, commissions and departments to ensure they do not use diversity, equity and inclusion programs to hire, train or promote employees, and define diversity, equity and inclusion program.

WHY IT MATTERED: The practical reason for this bill was to set a clear legal boundary for diversity instead of leaving the conduct unaddressed. It would prohibit state agencies, boards, commissions and departments from doing the following: a) using diversity, equity and inclusion programs for hiring, training or promotion purposes; b) requiring employees to engage in diversity, equity and inclusion programs; or c) requiring as a contract condition participation in a diversity, equity and inclusion program, and would also require the Department of Administration to monitor hiring practices of state agencies, boards, commissions and departments to ensure they do not use diversity, equity and inclusion programs to hire, train or promote employees, rather than leave the current rule unchanged.