Arizona Fifty-fifth Legislature - Second Regular Session Status: Introduced

HB 2091 — employers; employee salary history; prohibitions

Last action — House First Reading.

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  1. 1
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with Fifty-fifth Legislature - Second Regular Session. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

How this bill changes current law

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AI-generated reading aid from the bill's amendatory text — verify against the official bill.

This bill establishes prohibitions against employers seeking salary history from prospective employees and outlines penalties for violations.

  • 23-207

    A. AN EMPLOYER MAY NOT DO ANY OF THE FOLLOWING: 1. SCREEN A PROSPECTIVE EMPLOYEE BASED ON THE PROSPECTIVE EMPLOYEE'S PREVIOUS WAGE OR SALARY HISTORY, INCLUDING BENEFITS OR OTHER COMPENSATION. FOR THE PURPOSES OF THIS PARAGRAPH, SCREENING A PROSPECTIVE EMPLOYEE BASED ON THE PROSPECTIVE EMPLOYEE'S PREVIOUS WAGE OR SALARY HISTORY INCLUDES BOTH OF THE FOLLOWING: (a) REQUIRING THAT A PROSPECTIVE EMPLOYEE'S PREVIOUS WAGE OR SALARY HISTORY, INCLUDING BENEFITS OR OTHER COMPENSATION, SATISFIES MINIMUM OR MAXIMUM CRITERIA. (b) REQUESTING OR REQUIRING AS A CONDITION OF BEING INTERVIEWED, AS A CONDITION OF CONTINUING TO BE CONSIDERED FOR AN OFFER OF EMPLOYMENT OR AS A CONDITION OF EMPLOYMENT THAT A PROSPECTIVE EMPLOYEE DISCLOSE PREVIOUS WAGE OR SALARY HISTORY, INCLUDING BENEFITS OR OTHER COMPENSATION. 2. SEEK THE PREVIOUS WAGE OR SALARY HISTORY, INCLUDING BENEFITS OR OTHER COMPENSATION, OF ANY PROSPECTIVE EMPLOYEE FROM ANY CURRENT OR FORMER EMPLOYER OF THE PROSPECTIVE EMPLOYEE. 3. CHECK PUBLIC RECORDS FOR A PROSPECTIVE EMPLOYEE'S PREVIOUS WAGE HISTORY OR SALARY HISTORY, INCLUDING BENEFITS OR OTHER COMPENSATION. 4. DISCHARGE OR IN ANY OTHER MANNER RETALIATE AGAINST ANY EMPLOYEE OR PROSPECTIVE EMPLOYEE BECAUSE THE EMPLOYEE EITHER: (a) OPPOSED OR IS ABOUT TO MAKE A COMPLAINT RELATING TO ANY ACT OR PRACTICE THAT IS PROHIBITED BY THIS SECTION. (b) TESTIFIED OR IS ABOUT TO TESTIFY, ASSIST OR PARTICIPATE IN ANY MANNER IN AN INVESTIGATION OR PROCEEDING RELATING TO ANY ACT OR PRACTICE THAT IS PROHIBITED BY THIS SECTION.

    This establishes new prohibitions against employers regarding salary history inquiries and retaliation.

  • 23-207

    B. ANY PERSON THAT VIOLATES THIS SECTION IS SUBJECT TO A CIVIL PENALTY OF $5,000 FOR A FIRST OFFENSE AND AN ADDITIONAL $1,000 FOR EACH SUBSEQUENT OFFENSE, NOT TO EXCEED $10,000.

    This sets civil penalties for violations of the new salary history prohibitions.

  • 23-207

    C. ANY PERSON THAT VIOLATES THIS SECTION IS LIABLE TO EACH EMPLOYEE OR PROSPECTIVE EMPLOYEE WHO WAS THE SUBJECT OF THE VIOLATION FOR SPECIAL DAMAGES NOT TO EXCEED $10,000 PLUS ATTORNEY FEES AND IS SUBJECT TO INJUNCTIVE RELIEF AS MAY BE APPROPRIATE.

    This establishes liability for damages and attorney fees for violations.

  • 23-207

    D. AN ACTION TO RECOVER THE LIABILITY DESCRIBED IN SUBSECTION C OF THIS SECTION MAY BE MAINTAINED AGAINST ANY EMPLOYER IN ANY COURT OF COMPETENT JURISDICTION BY ANY ONE OR MORE EMPLOYEES FOR AND ON BEHALF OF THE EMPLOYEE OR EMPLOYEES AND OTHER EMPLOYEES SIMILARLY SITUATED.

    This allows employees to sue on behalf of themselves and similarly situated employees for violations.

Action History

  1. House First Reading.

Sponsors

Sponsorship breakdown

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1 sponsors · 5 co-sponsors · 87 not signed on

Sponsors (1)

Not signed on (87)

87 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

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Frequently asked questions

Who sponsors HB 2091?
HB 2091 is sponsored by Athena Salman, Melody Hernandez, Andres Cano, Andrea Dalessandro, Juan Mendez, and Raquel Terán.
What is the current status of HB 2091?
This bill died with Fifty-fifth Legislature - Second Regular Session. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 2091?
Track HB 2091 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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