SB 1180 — civil rights; amendments.

8.  9.  "Labor2. organization":

(a)  Means"because aof laborsex" organization and any"on agentthe basis of asex" laborincludes organization.because of or on the basis of pregnancy or childbirth or related medical conditions.  2.

(b)  Includes:3.

(i)  Any"Being organizationregarded ofas anyhaving kind,such anya agencyphysical or employeemental representationimpairment": committee, group, association or plan in which fifteen 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(a) conference,Means generalan committee,individual jointwho establishes that the individual has been subjected to an action prohibited under this article because of an actual or systemperceived boardphysical or jointmental councilimpairment thatwhether isor subordinatenot tothe aimpairment nationallimits or internationalis laborperceived organization.to limit a major life activity.

9.  10.  "Major(b) lifeDoes activities"not includes: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.

(a)  Caring3. for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating and working.

(b)  The4. 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.

10.  11.  "Person""Covered entity" means onean oremployer, moreemployment individuals,agency, governmental agencies, political subdivisions, labor unions,organization partnerships,or associations,joint corporations,labor-management legalcommittee. representatives, mutual companies, joint‑stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy or receivers.

11.  12.  "Qualified4. 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.

12.  13.  "Reasonable5. accommodation" includes:

(a)  Making"Disability" existingmeans, facilitieswith usedrespect byto employeesan readilyindividual, accessibleexcept toany andimpairment usablecaused by individualscurrent withuse disabilities.of illegal drugs, any of the following:

(b)  Job(a) restructuring,A part‑timephysical or modifiedmental workimpairment schedules,that reassignmentsubstantially tolimits aone vacant position, acquisition or modificationmore of equipment or devices, appropriate adjustment or modification of examinations, training materials or policies, the provisionmajor oflife qualifiedactivities readers, taped texts or other effective methods of making visually delivered materials available to individuals with visual impairments, the provisionindividual. of auxiliary aids and services or interpreters and other similar services and actions for individuals with disabilities.

13.  14.  "Religion"(b) meansA allrecord aspects of religioussuch observancea andphysical 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 to an employee's or prospectivemental employee'simpairment. religious observance or practice without undue hardship on the conduct of the employer's business.

14.  15.  "Undue(c) hardship":Being regarded as having such a physical or mental impairment.

(a)  Means5. an action requiring significant difficulty or expense when considered in light of the factors set forth in subdivision (b) of this paragraph.

(b)  When6. determining whether an accommodation would impose an undue hardship on a covered entity, factors to be considered include:

(i)  The"Employee": nature and cost of the accommodations needed under this article.

(ii)  The(a) overallMeans financialan resourcesindividual of the facility or facilities involved in the provision of the reasonable accommodation, the number of persons employed atby thean facility,employer. the effect on expenses and resources of the facility and any other impact of the accommodation on the operation of the facility.

(iii)  The(b) overallDoes financialnot resourcesinclude an elected public official of thethis coveredstate entity,or theany overallpolitical sizesubdivision of this state, any person chosen by an elected official to be on the businesselected ofofficial's personal staff, an appointee on the coveredpolicymaking entitylevel or an immediate adviser with respect to the numberexercise of itsthe employeesconstitutional andor legal powers of the number,office, typeunless andthe locationperson or appointee is subject to the civil service laws of itsthis facilities.state or any political subdivision of this state.

(iv)  The6. type of operation or operations of the covered entity, including the composition, structure and functions of the workforce of the covered entity.

(v)  The7. geographic separateness and the administrative or fiscal relationship of the facility to the covered entity.

END_STATUTE"Employer": Sec. 4.  Section 41-1463, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1463.  Discrimination;(a) Means a person who has fifteen 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, except that to the extent that any person is alleged to have committed any act of sexual harassment, employer means, for purposes of administrative and civil actions regarding those allegations of sexual harassment, a person who has one or more employees in the current or preceding calendar year.

(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.

7.

8.

"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.

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 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.

9.

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.

10.

11.

"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.

11.

12.

"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.

12.

13.

"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.

13.

14.

"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 to an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's business.

14.

15.

"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. 4.

Section 41-1463, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1463.

Discrimination;

definition A.  NothingA. contained in this article shall be interpreted to require that the less qualified be preferred over the better qualified simply because of race, color, religion, sex, age or national origin or on the basis of disability.

B.  ItNothing iscontained anin unlawfulthis employmentarticle practiceshall forbe aninterpreted employer:to require that the less qualified be preferred over the better qualified simply because of race, color, religion, sex, age or national origin or on the basis of disability.

1.  ToB. 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, age or national origin or on the basis of disability.

2.  ToIt limit,is segregatean orunlawful classifyemployment employeespractice or applicants for employment in any way which that would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect the individual's status as an employee,employer: because of the individual's race, color, religion, sex, age or national origin or on the basis of disability.

3.  To1. 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 I  J, paragraph 2 of this section.

C.  ItTo isfail anor unlawfulrefuse employment practice for an employment agency to failhire or refuse to referdischarge forany employmentindividual or otherwise to discriminate against any individual becausewith ofrespect to the individual's race,compensation, color,terms, religion,conditions sex, age or nationalprivileges origin or on the basis of disability or to classify or refer for employment anybecause individual on the basis of the individual's race, color, religion, sex, age or national origin or on the basis of disability.

D.  It2. is an unlawful employment practice for a labor organization:

1.  ToTo excludelimit, segregate or toclassify expelemployees fromor itsapplicants membershipfor employment in any way which that would deprive or otherwisetend to discriminatedeprive against 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, age or national origin or on the basis of disability.

2.  To3. 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 which 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, age or national origin or on the basis of disability.

3.  ToTo causefail or attemptrefuse to causehire, anto employerdischarge,  or to otherwise discriminate against anany individual inbased violationon the results of a genetic test received by the employer, notwithstanding subsection I  J, paragraph 2 of this section.

E.  ItC. 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, 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.  WithIt respectis toan aunlawful qualifiedemployment individual,practice itfor is an unlawfulemployment agency to fail or refuse to refer for employment practiceor otherwise to discriminate against any individual because of the individual's race, color, religion, sex, age or national origin or on the basis of disability or to classify or refer for aemployment coveredany entityindividual to:on the basis of the individual's race, color, religion, sex, age or national origin or on the basis of disability.

1.  ParticipateD. 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.  UseIt standards,is criteriaan orunlawful methodsemployment ofpractice administrationfor thata havelabor theorganization: effect of discriminating on the basis of disability or that perpetuate the discrimination of others who are subject to common administrative control.

3.  Exclude1. 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.  NotTo makeexclude reasonableor accommodations to theexpel knownfrom physicalits membership or mentalotherwise limitationsto ofdiscriminate anagainst otherwiseany qualified individual whobecause isof an applicant or employee unless the coveredindividual's entityrace, cancolor, demonstratereligion, thatsex, theage accommodationor wouldnational imposeorigin anor undue hardship on the operationbasis of thedisability. business of the covered entity or the individual only meets the definition of disability as prescribed in section 41‑1461, paragraph 4  5, subdivision (c).

5.  Deny2. 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.  UseTo qualificationlimit, standards,segregate employmentor testsclassify its membership or otherapplicants selectionfor criteria,membership includingor thoseto basedclassify onor anfail individual'sor uncorrectedrefuse vision,to refer for employment any individual in any way which that screenwould outdeprive or tend to screendeprive outthe an individual withof aemployment disabilityopportunities or awould classlimit ofthose individualsemployment withopportunities disabilities,or unlessotherwise adversely affect the standard,individual's teststatus oras otheran selectionemployee criteria,or as usedan byapplicant thefor coveredemployment entity,because isof shownthe toindividual's berace, jobcolor, relatedreligion, forsex, theage positionor innational questionorigin andor ison consistentthe withbasis businessof necessity.disability.

7.  Fail3. 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.  WomenTo whocause are affected by pregnancy or childbirthattempt orto relatedcause medicalan conditionsemployer shallto bediscriminate treatedagainst thean sameindividual for all employment‑related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in theirviolation ability or inability to work, and subsection J, paragraph 3 of this sectionsection. may not be interpreted to allow otherwise.

G.  H.  NotwithstandingE. any other provision of this article, it is not an unlawful employment practice:

1.  ForIt anis employer to hire and employ employees, for an employmentunlawful agency to classify or refer for employment anypractice 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‑managementlabor-management committee controlling apprenticeship or other training or retraining programsprograms, toincluding admiton-the-job ortraining employprograms, to discriminate against any individual inbecause anyof suchthe program,individual's race, color, religion, sex, age or national origin or on the basis of thedisability individual'sin religion,admission sexto or nationalemployment origin in thoseany certainprogram instancesestablished whento religion,provide sexapprenticeship or nationalother origintraining isand, aif bonathe fideindividual occupationalis qualificationan reasonablyotherwise necessaryqualified individual, to thefail normalor operationrefuse ofto thatreasonably particularaccommodate businessthe orindividual's enterprise.disability.

2.  ForF. 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.  ForWith anrespect employer to faila orqualified refuseindividual, toit hireis or employ any individual for any position, for an employmentunlawful agency to fail or refuse to refer any individual for employment inpractice any position or for a laborcovered organizationentity toto: fail or refuse to refer any individual for employment in any position, if both of the following apply:

(a)  The1. occupancy of the position or access to the premises in or upon 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)  TheParticipate individualin hasany notcontractual fulfilledor other arrangement or relationship that has ceasedthe effect of subjecting a qualified individual who applies with or who is employed by the covered entity to fulfillunlawful thatemployment requirement.discrimination on the basis of disability.

4.  With2. respect to age, for an employer, employment agency or labor organization:

(a)  ToUse takestandards, anycriteria action otherwise prohibited under subsection B, C or Dmethods of thisadministration sectionthat ifhave agethe iseffect aof bonadiscriminating fideon occupational qualification reasonably necessary to the normalbasis operation of thedisability particular business or ifthat perpetuate the differentiationdiscrimination isof basedothers onwho reasonableare factorssubject otherto thancommon age.administrative control.

(b)  To3. 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 permit allow the involuntary retirement of any individual specified by section 41‑1465 because of the individual's age.

(c)  ToExclude discharge or otherwise disciplinedeny equal jobs or benefits to an individual qualified for goodthe cause.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.

H.  I.  As4. used in 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.

I.  j.  NotwithstandingNot anymake otherreasonable provisionaccommodations to the known physical or mental limitations of thisan article,otherwise itqualified individual who is notan applicant or employee unless the covered entity can demonstrate that the accommodation would impose an unlawfulundue employmenthardship practice: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 4  5, subdivision (c).

1.  For5. 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 which that measures earnings by quantity or quality of production or to employees who work in different locations, provided that if these differences are not the result of an intention to discriminate because of race, color, religion, sex or national origin.

2.  ForDeny anemployment employeropportunities to givea andjob actapplicant uponor onemployee thewho resultsis ofan anyotherwise professionallyqualified developedindividual ability test provided that if the test,denial itsis administrationbased oron actionthe uponneed onof the resultscovered isentity notto designed,make intendedreasonable oraccommodation used to discriminatethe becausephysical ofor race,mental color,impairment religion,of sexthe applicant or nationalemployee. origin.

3.  For6. any employer to differentiate upon 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)).

J.  K.  NothingUse containedqualification instandards, thisemployment chaptertests appliesor toother anyselection businesscriteria, orincluding enterprisethose based on oran nearindividual's anuncorrected Indianvision, reservationthat withscreen respectout or tend to anyscreen publiclyout announcedan employmentindividual practicewith a disability or a class of individuals with disabilities, unless the businessstandard, test or enterpriseother underselection whichcriteria, aas preferentialused treatmentby the covered entity, is givenshown to anybe individualjob becauserelated for the individualposition isin anquestion Indianand livingis onconsistent orwith nearbusiness anecessity. reservation.

K.  L.  Nothing7. contained in this article or article 6 of this chapter requires 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 or national origin of the individual or group on account of an imbalance which that may exist with respect to the total number or percentage of persons of any race, color, religion, sex 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 or national origin in any community, state, section or other area, or in the available work force workforce in any community, state, section or other area.

L.  M.  NothingFail into Theselect ageand discriminationadminister prohibitionstests ofrelating this article may not be construed to prohibitemployment compulsoryin retirementthe ofmost anyeffective employeemanner whoto hasensure attainedthat, sixty‑fivewhen years of age and who, for the twotest year period immediately before retirement, is employedadministered into a bonajob fideapplicant executive or highemployee policymakingwho position,has ifa thedisability employeethat isimpairs entitledsensory, tomanual anor immediatespeaking nonforfeitableskills, annualthe retirementtest benefitresults fromaccurately areflect pension,the profitskills sharing, savings or deferredaptitude compensation plan or anywhatever combinationother offactor plans of the employerapplicant foror theemployee employee, which that equals, in the aggregate, at least forty‑four thousand dollars $44,000.  In applying the retirement benefit test ofpurports thisto subsection,measure, ifrather any retirement benefit is in a form other than areflecting straightthe lifeimpaired annuity,sensory, withmanual no ancillary benefits, or ifspeaking employeesskills contributeof to the planapplicant or makeemployee, rolloverexcept contributions,if the benefitskills shallare be adjusted in accordance with rules adopted by the divisionfactors sothat the benefittest ispurports the equivalent of a straight life annuity, with no ancillary benefits, under a plan to whichmeasure. employees do not contribute and under which no rollover contributions are made.

M.  N.  AG. 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.

N.  O.  ThisWomen articlewho doesare notaffected alterby pregnancy or childbirth or related medical conditions shall be treated the standardssame for determiningall eligibilityemployment-related forpurposes, including receipt of benefits under thisfringe state'sbenefit workers'programs, compensationas lawsother persons not so affected but similar in their ability or underinability stateto work, and federalsubsection disabilityJ, benefitparagraph programs.3 of this section may not be interpreted to allow otherwise.

O.  P.  ForG. 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_STATUTEH. Sec. 5.  Section 41-1464, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1464.  OtherNotwithstanding any other provision of this article, it is not an unlawful employment practices;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 or national origin in those certain instances when religion, sex 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 upon 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 or D 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 permit 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.

H.

I.

As used in 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.

I.

j.

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 which that measures earnings by quantity or quality of production or to employees who work in different locations, provided that if these differences are not the result of an intention to discriminate because of race, color, religion, sex or national origin.

2.

For an employer to give and act upon on the results of any professionally developed ability test provided that if the test, its administration or action upon on the results is not designed, intended or used to discriminate because of race, color, religion, sex or national origin.

3.

For any employer to differentiate upon 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)).

J.

K.

Nothing contained in this chapter applies 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.

K.

L.

Nothing contained in this article or article 6 of this chapter requires 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 or national origin of the individual or group on account of an imbalance which that may exist with respect to the total number or percentage of persons of any race, color, religion, sex 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 or national origin in any community, state, section or other area, or in the available work force workforce in any community, state, section or other area.

L.

M.

Nothing in The age discrimination prohibitions of this article may not be construed to prohibit compulsory retirement of any employee who has attained sixty-five years of age and who, for the 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, which that equals, in the aggregate, at least forty-four thousand dollars $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.

M.

N.

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.

N.

O.

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.

O.

P.

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. 5.

Section 41-1464, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1464.

Other unlawful employment practices;

notices and advertisements for employment A.  ItA. is an unlawful employment practice for an employer to discriminate against any of his 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, or the applicant or the individual in an apprenticeship or other training or retraining program has opposed any practice which 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.  ItIt is an unlawful employment practice for an employer,employer laborto organization,discriminate against any of his the employer's employees or applicants for employment, for an employment agency or joint labor‑managementlabor-management committee controlling apprenticeship or other training or retraining programs, including on‑the‑jobon-the-job training programs, to printdiscriminate oragainst publish or cause to be printed or published any noticeindividual or advertisement relating to employment by such an employer or membership in or any classification or referral for employment by such a labor organization orto relatingdiscriminate toagainst any classificationmember or referralapplicant for employmentmembership bybecause suchthe anemployee, employmentthe agencymember, or relatingthe toapplicant admission or tothe employmentindividual in anyan program established to provide apprenticeship or other training byor suchretraining aprogram jointhas labor‑managementopposed committee indicating any preference,practice limitation,which specificationthat oris discriminationan basedunlawful onemployment race,practice color,under religion,this sexarticle or nationalhas origin,made except that such a noticecharge, ortestified, advertisementassisted may indicate a preference, limitation, specification or discriminationparticipated basedin onany religion,manner sexin oran nationalinvestigation, originproceeding when religion, sex or nationalhearing originunder isarticle a6 bonaof fidethis occupationalchapter. qualification for employment.

C.  ItB. 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 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 such a 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_STATUTEIt Sec. 6.  Sectionis 41-1481,an Arizonaunlawful Revisedemployment Statutes,practice isfor amendedan 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 read:print or publish or cause to be printed or published any notice or advertisement relating to employment by such an employer or membership in or any classification or referral for employment by such a labor organization or relating to any classification or referral for employment by such an employment agency or relating to admission or to employment in any program established to provide apprenticeship or other training by such a joint labor-management committee indicating any preference, limitation, specification or discrimination based on race, color, religion, sex or national origin, except that such a notice or advertisement may indicate a preference, limitation, specification or discrimination based on religion, sex or national origin when religion, sex or national origin is a bona fide occupational qualification for employment.

START_STATUTE41-1481.  FilingC. charges;

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 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 such a 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. 6.

Section 41-1481, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1481.

Filing charges;

classification A.  AA. charge under this section shall be filed within one hundred eighty days after the alleged unlawful employment practice occurred.  A charge is deemed filed upon 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 such the member upon 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 upon on oath or affirmation and shall contain such the information, including the date, place and circumstances of the alleged unlawful employment practice, and be in such the form as the division requires.  the division shall not make charges shall not be made public by the division.

B.  WheneverA a charge isunder filedthis bysection orshall on behalf of a person claiming to be aggrievedfiled 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 such the employer, employment agency, labor organization or joint labor‑management committee, referred to as the respondent, within tenone dayshundred andeighty shall make an investigation of investigate the charge.  If the division determines after such the investigation that there is not reasonable cause to believe that the charge is true, it 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 such the investigation that there is reasonable cause to believe that the charge is true, it 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 such the informal proceeding may be represented by counsel.  Counsel need not be a member of the state bar if he 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 such 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 the filing of the charge.  If more than two years have elapsed after the alleged unlawful employment practice occurred,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.  AllA conciliationcharge agreementsis shalldeemed providefiled thatupon theon chargingreceipt partyby waives, releases and covenants not to sue the respondentdivision from or claimon againstbehalf theof respondenta inperson anyclaiming forum with respect to thebe mattersaggrieved whichor, wereif alleged as charges filed with the division, subject to performance by thea respondentmember of the promisesdivision, andwhen representationsexecuted containedby insuch the conciliationmember agreement. upon Theon chargingoath party or theaffirmation. respondent may prepare a conciliation agreement which that the division shall submit to the other party and which that, if accepted by the other party, shall be accepted by the division.

D.  IfA within thirty days after the division has made a determination that reasonable cause exists to believe that the charge is truedeemed 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 ifon withinbehalf ninety days from the filing of such charge the division has not filed a civilperson actionclaiming underto this section or has not entered into a conciliation agreement with the charging party, the division shall so notify the charging party.  Within ninety days After the giving of such providing the notice a civil action may be broughtaggrieved against the respondent named in the charge by the charging party or, if suchreceived thatfrom charge was filed by a member of the division,United byStates anyequal person whom the charge alleges was aggrieved by the alleged unlawful employment practice.  Inopportunity nocommission. event shall any action be brought pursuant to this article more than one year after the charge to which the action relates has been filed.  Upon On application by the complainant and in such 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.  Upon On timely application, the court may in its discretion permit allow the division to intervene in civil actions in which the state is not a defendant upon on certification that the case is of general public importance.  Upon 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.  WheneverA a charge isshall filedbe within thewriting divisionupon and the division concludes on theoath basisor ofaffirmation aand preliminaryshall investigationcontain thatsuch prompt judicial action is necessary to carry out the purposesinformation, ofincluding this article or article 4 of this chapter, the divisiondate, mayplace bringand ancircumstances action for appropriate temporary or preliminary relief pending final disposition of such the charge.  Anyalleged temporaryunlawful restrainingemployment orderpractice, orand other order granting preliminary or temporary relief shall be issued in accordance with the supreme court Arizona rules of civil procedure.  The court having jurisdiction over such the proceedingsform shallas assign such action for hearing at the earliestdivision practicablerequires. date and cause the action to be expedited in every way.

F.  Thethe courtdivision shall assignnot anymake actioncharges broughtshall undernot this article for hearing at the earliest practicable date and cause the action to be inmade everypublic wayby expedited.  If the actiondivision. 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 supreme court AriZOna rules of civil procedure.

G.  IfB. 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 such the unlawful employment practice and order such 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 prior to before the filing of the charge with the division.

InterimWhenever earningsa orcharge amountsis earnablefiled with reasonable diligence by the person or personson discriminatedbehalf againstof shalla reduceperson theclaiming backto paybe otherwiseaggrieved allowable.  Noor Anby ordera member of the courtdivision, shallreferred notto requireas the admissioncharging orparty, reinstatementalleging ofthat an individualemployer, asemployment aagency, memberlabor oforganization aor unionjoint orlabor-management thecommittee hiring,controlling reinstatementapprenticeship or promotionother oftraining anor individualretraining asprograms, anincluding employeeon-the-job ortraining theprograms, paymenthas toengaged himin thean individualunlawful ofemployment anypractice, backthe paydivision ifshall suchserve thenotice individualof wasand refuseda admission,copy suspendedof orthe expelledcharge oron wassuch refusedthe employer, employment oragency, advancementlabor ororganization was suspended or dischargedjoint forlabor-management anycommittee, reasonreferred otherto thanas discriminationthe onrespondent, accountwithin often race,days color,and religion,shall sex,make age,an disabilityinvestigation or national origin or a violation of sectioninvestigate 41‑1464.the charge.

H.  InIf anythe casedivision indetermines whichafter ansuch employer,the employmentinvestigation agencythat orthere laboris organizationnot failsreasonable cause to complybelieve withthat anthe ordercharge ofis atrue, courtit issuedthe indivision ashall civilenter actionan broughtorder underdetermining thisthe section,same aand partydismissing to the actioncharge orand shall notify the divisioncharging uponparty onand the writtenrespondent request of aits personaction. aggrieved by such failure may commence proceedings to compel compliance with such the order.

I.  AnyIf civilthe actiondivision broughtdetermines underafter thissuch sectionthe andinvestigation anythat proceedingsthere broughtis underreasonable subsectioncause Hto believe that the charge is true, it the division shall enter an order containing its findings of thisfact sectionand areshall subjectendeavor to appealeliminate asthe providedalleged inunlawful sectionsemployment 12‑120.21,practice 12‑120.22by informal methods of conference, conciliation and 12‑120.24.persuasion.

J.  InAny anyparty actionto orsuch proceeding under this section the courtinformal proceeding may allowbe therepresented prevailingby party,counsel. other than the division, a reasonable attorney's attorney fee as part of the costs.

END_STATUTECounsel Sec. 7.  Sectionneed 41-1492.09,not Arizonabe Reviseda Statutes,member of the state bar if he counsel is amendedlicensed to read:practice law in any other state or territory of the United States.

START_STATUTE41-1492.09.  EnforcementNothing said or done during and as a part of such the informal endeavors may be made public by the attorneydivision general;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 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 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 which that the division shall submit to the other party and which 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 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.

Within ninety days After the giving of such providing the notice a civil action may be brought against the respondent named in the charge by the charging party or, if such 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 action be brought pursuant to this article more than one year after the charge to which the action relates has been filed.

Upon On application by the complainant and in such 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.

Upon On timely application, the court may in its discretion permit allow the division to intervene in civil actions in which the state is not a defendant upon on certification that the case is of general public importance.

Upon 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 such the charge.

Any temporary restraining order or other order granting preliminary or temporary relief shall be issued in accordance with the supreme court Arizona rules of civil procedure.

The court having jurisdiction over such 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 supreme court 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 such the unlawful employment practice and order such 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 prior to 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.

No 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 him the individual of any back pay if such 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, 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 upon on the written request of a person aggrieved by such failure may commence proceedings to compel compliance with such 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's attorney fee as part of the costs.

END_STATUTE Sec. 7.

Section 41-1492.09, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1492.09.

Enforcement by the attorney general;

use of sanction monies A.  TheA. attorney general shall investigate all alleged violations of this article.  These allegations must be filed within one hundred eighty days after the occurrence or the termination of the alleged discriminatory practice, shall be in writing under oath and shall be in such form as the attorney general requires.  The attorney general shall undertake periodic reviews of compliance of covered entities under this article.  If the attorney general concludes at any time after the filing of a complaint of alleged violation, or as a result of a periodic compliance review, that prompt judicial action is necessary to carry out the purpose of this article, the attorney general may file a civil action for appropriate temporary or preliminary relief pending final disposition of the complaint or compliance review.  If, after investigation, the attorney general determines that reasonable cause exists to believe this article is being violated, the attorney general shall attempt for a period of not more than thirty days to effectuate a conciliation agreement.  If no conciliation agreement has been reached after thirty days, the attorney general shall may file a civil action in an appropriate court.  If the attorney general determines that no reasonable cause exists to believe that a violation of this article has occurred or is about to occur, the attorney general shall promptly dismiss the complaint and give written notice of the dismissal to the complainant and the person or entity complained against.  If the attorney general finds reasonable cause to believe that a party has breached a conciliation agreement, the attorney general shall file a civil action for enforcement of the agreement.

B.  InThe anyattorney civilgeneral actionshall broughtinvestigate underall thisalleged article,violations theof court:this article.

1.  MayThese grantallegations anymust equitablebe relieffiled thatwithin one hundred eighty days after the courtoccurrence considersor tothe termination of the alleged discriminatory practice, shall be appropriate,in including,writing tounder theoath extentand requiredshall bybe thisin title:such form as the attorney general requires.

(a)  GrantingThe temporary,attorney preliminarygeneral orshall permanentundertake relief.periodic reviews of compliance of covered entities under this article.

(b)  ProvidingIf anthe auxiliaryattorney aidgeneral concludes at any time after the filing of a complaint of alleged violation, or service,as a modificationresult of a policy,periodic practicecompliance orreview, procedurethat prompt judicial action is necessary to carry out the purpose of this article, the attorney general may file a civil action for appropriate temporary or anpreliminary alternativerelief method.pending final disposition of the complaint or compliance review.

(c)  MakingIf, facilitiesafter readilyinvestigation, accessiblethe attorney general determines that reasonable cause exists to andbelieve usablethis byarticle individualsis withbeing disabilities.violated, the attorney general shall attempt for a period of not more than thirty days to effectuate a conciliation agreement.

2.  MayIf awardno suchconciliation otheragreement reliefhas asbeen thereached courtafter considersthirty appropriate,days, including monetary damages to aggrieved persons.   For the purposesattorney ofgeneral thisshall paragraph,may monetaryfile damagesa andcivil suchaction otherin reliefan doappropriate notcourt. include punitive damages.

C.  InIf anthe actionattorney broughtgeneral bydetermines thethat attorneyno general,reasonable thecause court,exists to vindicatebelieve thethat publica interest,violation mayof assessthis aarticle civilhas penaltyoccurred againstor is about to occur, the coveredattorney persongeneral orshall entitypromptly indismiss anthe amountcomplaint and give written notice of notthe moredismissal than:to the complainant and the person or entity complained against.

1.  FiveIf thousandthe dollarsattorney $5,000general forfinds reasonable cause to believe that a firstparty violation.has breached a conciliation agreement, the attorney general shall file a civil action for enforcement of the agreement.

2.  TenB. thousand dollars $10,000 for any subsequent violation.

D.  ForIn theany purposescivil ofaction subsectionbrought Cunder of this section,article, in determining whether a first or subsequent violation has occurred, a determination in a single action, by judgment or settlement, that the coveredcourt: person or entity has engaged in more than one discriminatory act shall be deemed a single violation.

E.  In1. a civil action brought by the attorney general, when considering what amount of civil penalty, if any, is appropriate, the court shall give consideration to any good faith effort or attempt to comply with this article by the entity.  In evaluating good faith, the court shall consider, among other factors it deems relevant, whether the entity could have reasonably anticipated the need for an appropriate type of auxiliary aid needed to accommodate the unique needs of a particular individual with a disability.

F.  InMay grant any actionequitable orrelief proceedingthat under this section, the court mayconsiders allowto thebe prevailingappropriate, party,including, otherto than the attorneyextent general,required reasonableby attorneythis feestitle: as part of the costs.

G.  If(a) appropriate,Granting andtemporary, topreliminary theor extentpermanent authorizedrelief. by law, the use of alternative means of dispute resolution, including settlement negotiations, conciliation, facilitation, mediation, fact‑finding, mini‑trials and arbitration, is encouraged to resolve disputes arising under this article.

H.  In(b) additionProviding toan anyauxiliary sanctionaid thator theservice, courta maymodification awardof to a partypolicy, pursuantpractice to any rule or lawprocedure in any civil action brought under this article, the court may impose a sanction on a plaintiff or the plaintiff's attorney if the court determines that an actionalternative ormethod. series of actions is brought under this article for the primary purpose of obtaining a payment from the defendant due to the costs of defending the action in a court.  When imposing a sanction, the court may consider the totality of the abusive litigation‑related practices of the plaintiff and the plaintiff's attorney.

I.  If(c) theMaking courtfacilities imposesreadily aaccessible sanction pursuant to subsection H of this section, the court may order a party to pay a part of the sanction to the governor's office of youth, faith and familyusable and,by ifindividuals ordered,with thedisabilities. parties must notify the governor's office of youth, faith and family of the court's order.  The governor's office of youth, faith and family must use these monies for the following purposes:

1.  To2. educate covered persons or entities about the person's or entity's obligations under this article.

2.  ToMay award attorneysuch feesother torelief claimantsas who file a meritorious complaint with the attorneycourt generalconsiders andappropriate, whoincluding resolvemonetary thedamages complaintto withoutaggrieved litigation.persons.

For the purposes of this paragraph, monetary damages and such other relief do not include punitive damages.

C.

In an action brought by the attorney general, the court, to vindicate the public interest, may assess a civil penalty against the covered person or entity in an amount of not more than:

1.

Five thousand dollars $5,000 for a first violation.

2.

Ten thousand dollars $10,000 for any subsequent violation.

D.

For the purposes of subsection C of this section, in determining whether a first or subsequent violation has occurred, a determination in a single action, by judgment or settlement, that the covered person or entity has engaged in more than one discriminatory act shall be deemed a single violation.

E.

In a civil action brought by the attorney general, when considering what amount of civil penalty, if any, is appropriate, the court shall give consideration to any good faith effort or attempt to comply with this article by the entity.

In evaluating good faith, the court shall consider, among other factors it deems relevant, whether the entity could have reasonably anticipated the need for an appropriate type of auxiliary aid needed to accommodate the unique needs of a particular individual with a disability.

F.

In any action or proceeding under this section, the court may allow the prevailing party, other than the attorney general, reasonable attorney fees as part of the costs.

G.

If appropriate, and to the extent authorized by law, the use of alternative means of dispute resolution, including settlement negotiations, conciliation, facilitation, mediation, fact-finding, mini-trials and arbitration, is encouraged to resolve disputes arising under this article.

H.

In addition to any sanction that the court may award to a party pursuant to any rule or law in any civil action brought under this article, the court may impose a sanction on a plaintiff or the plaintiff's attorney if the court determines that an action or series of actions is brought under this article for the primary purpose of obtaining a payment from the defendant due to the costs of defending the action in a court.  When imposing a sanction, the court may consider the totality of the abusive litigation-related practices of the plaintiff and the plaintiff's attorney.

I.

If the court imposes a sanction pursuant to subsection H of this section, the court may order a party to pay a part of the sanction to the governor's office of youth, faith and family and, if ordered, the parties must notify the governor's office of youth, faith and family of the court's order.  The governor's office of youth, faith and family must use these monies for the following purposes:

1.

To educate covered persons or entities about the person's or entity's obligations under this article.

2.

To award attorney fees to claimants who file a meritorious complaint with the attorney general and who resolve the complaint without litigation.