Arizona 57th Legislature - First Regular Session Status: To Executive 15 R cosponsors

HB 2868 — preferential treatment; discrimination; policies

Last action — Vetoed by Governor

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

This bill died with 57th Legislature - First Regular Session. It reached “To Executive” 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.

Vetoed by Governor Katie Hobbs (Democratic) on May 13, 2025.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment.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

Bill Text

What changed in the latest version

116 added · 464 removed

Plain-language change summary

The changes to House Bill 2868 involved the addition of the phrase "preferential treatment; discrimination; policies" in the header, while a reference title and several introductory lines were removed. By clearly stating the focus of the bill in the title, it helps ensure that discussions and decisions about the legislation are centered on issues of discrimination and potential bias in policies. This clarity is important as it shapes public understanding and debate around the bill's intent and implications.

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Senate Engrossed House Bill preferential treatment;
House Engrossed preferential treatment;
policies (now:
policies State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session HOUSE BILL 2868 AN ACT AMENDING TITLE 41, CHAPTER 9, ARTICLE 10, ARIZONA REVISED STATUTES, BY ADDING SECTION 41-1494.01;
discrimination;
RELATING TO DISCRIMINATION.
policies;
preferential treatment) State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session HOUSE BILL 2868 AN ACT AMENDING TITLE 9, CHAPTER 4, ARTICLE 8, ARIZONA REVISED STATUTES, BY ADDING SECTION 9-500.52;
AMENDING TITLE 11, CHAPTER 2, ARTICLE 4, ARIZONA REVISED STATUTES, BY ADDING SECTION 11-269.30;
AMENDING TITLE 15, CHAPTER 12, ARTICLE 3, ARIZONA REVISED STATUTES, BY ADDING SECTION 15-1454;
AMENDING TITLE 15, CHAPTER 13, ARTICLE 1, ARIZONA REVISED STATUTES, BY ADDING SECTION 15-1607;
AMENDING TITLE 41, CHAPTER 4, ARTICLE 1, ARIZONA REVISED STATUTES, BY ADDING SECTION 41-710.03;
RELATING TO DIVERSITY, EQUITY AND INCLUSION.
Title 9, chapter 4, article 8, Arizona Revised Statutes, is amended by adding section 9-500.52, to read:
Heading change The article heading of title 41, chapter 9, article 10, Arizona Revised Statutes, is changed from "TRAINING AND INSTRUCTION" to "PREFERENTIAL TREATMENT".
9-500.52.
Diversity;
equity;
inclusion;
prohibition;
definitions A.
NOTWITHSTANDING ANY OTHER LAW, A CITY OR TOWN MAY NOT DO ANY OF THE FOLLOWING:
1.
ESTABLISH OR MAINTAIN A DIVERSITY, EQUITY AND INCLUSION OFFICE.
2.
HIRE OR ASSIGN AN EMPLOYEE OR CONTRACT WITH A THIRD PARTY TO PERFORM THE DUTIES OF A DIVERSITY, EQUITY AND INCLUSION OFFICE.
3.
COMPEL, REQUIRE, INDUCE OR SOLICIT ANY PERSON TO PROVIDE A DIVERSITY, EQUITY AND INCLUSION STATEMENT OR GIVE PREFERENTIAL CONSIDERATION TO ANY PERSON BASED ON A DIVERSITY, EQUITY AND INCLUSION STATEMENT.
4.
GIVE 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 CITY OR TOWN.
5.
AS A CONDITION OF EMPLOYMENT, REQUIRE THAT EMPLOYEES PARTICIPATE IN DIVERSITY, EQUITY AND INCLUSION TRAINING, INCLUDING A TRAINING, PROGRAM OR ACTIVITY DESIGNED OR IMPLEMENTED IN REFERENCE TO RACE, COLOR, ETHNICITY, GENDER IDENTITY OR SEXUAL ORIENTATION.
THIS PARAGRAPH DOES NOT INCLUDE A TRAINING, PROGRAM OR ACTIVITY DEVELOPED BY AN ATTORNEY AND APPROVED IN WRITING BY THE CITY'S OR TOWN'S GENERAL COUNSEL FOR THE SOLE PURPOSE OF ENSURING COMPLIANCE WITH ANY APPLICABLE COURT ORDER OR STATE OR FEDERAL LAW.
6.
REQUIRE ENROLLMENT IN, OR COMPLETION OF, AN ACADEMIC COURSE THAT PROMOTES, IN THE CONTEXT OF CONTEMPORARY AMERICAN SOCIETY, THE TENETS OF DIVERSITY, EQUITY AND INCLUSION OR THE ACTIVITIES OF A DIVERSITY, EQUITY AND INCLUSION OFFICE.
B.
A CITY OR TOWN SHALL ADOPT POLICIES AND PROCEDURES FOR APPROPRIATELY DISCIPLINING, INCLUDING BY TERMINATION, AN EMPLOYEE OR CONTRACTOR THAT ENGAGES IN CONDUCT THAT VIOLATES SUBSECTION A OF THIS SECTION.
C.
FOR THE PURPOSES OF THIS SECTION:
1.
"DIVERSITY, EQUITY AND INCLUSION":
(a) MEANS INTERRELATED CONCEPTS THAT DO ANY OF THE FOLLOWING:
(i) DESCRIBE OR EXPOSE STRUCTURES, SYSTEMS OR RELATIONS OF POWER, PRIVILEGE OR SUBORDINATION ON THE BASIS OF RACE, SEX, COLOR, GENDER, ETHNICITY, GENDER IDENTITY OR SEXUAL ORIENTATION.
(ii) DESCRIBE METHODS TO IDENTIFY, DISMANTLE OR OPPOSE STRUCTURES, SYSTEMS OR RELATIONS.
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(iii) JUSTIFY DIFFERENTIAL TREATMENT OF OR SPECIAL BENEFITS CONFERRED TO INDIVIDUALS ON THE BASIS OF RACE, SEX, COLOR, GENDER, ETHNICITY, GENDER IDENTITY OR SEXUAL ORIENTATION.
- 1 - H.B.
2868 (b) INCLUDES UNCONSCIOUS OR IMPLICIT BIAS, CULTURAL APPROPRIATION, ALLYSHIP, TRANSGENDERISM, MICROAGGRESSIONS, MICROINVALIDATION, GROUP MARGINALIZATION, ANTIRACISM, SYSTEMIC OPPRESSION, ETHNOCENTRISM, STRUCTURAL RACISM, STRUCTURAL INEQUITY, SOCIAL JUSTICE, INTERSECTIONALITY, NEOPRONOUNS, INCLUSIVE LANGUAGE, HETERONORMATIVITY, DISPARATE IMPACT, GENDER IDENTITY, GENDER THEORY, RACIAL OR SEXUAL PRIVILEGE OR RELATED FORMULATIONS OF THESE CONCEPTS.
2.
"DIVERSITY, EQUITY AND INCLUSION OFFICE" MEANS AN OFFICE, DIVISION OR OTHER UNIT ESTABLISHED FOR ANY OF THE FOLLOWING PURPOSES:
(a) INFLUENCING HIRING OR EMPLOYMENT PRACTICES IN THE CITY OR TOWN WITH RESPECT TO RACE, SEX, COLOR OR ETHNICITY, OTHER THAN THROUGH THE USE OF COLOR-BLIND AND SEX-NEUTRAL HIRING PROCESSES IN ACCORDANCE WITH ANY APPLICABLE STATE AND FEDERAL ANTIDISCRIMINATION LAWS.
(b) PROMOTING DIFFERENTIAL TREATMENT OF OR PROVIDING SPECIAL BENEFITS TO INDIVIDUALS ON THE BASIS OF RACE, COLOR OR ETHNICITY.
(c) PROMOTING POLICIES OR PROCEDURES DESIGNED OR IMPLEMENTED IN REFERENCE TO RACE, COLOR OR ETHNICITY, OTHER THAN POLICIES OR PROCEDURES APPROVED IN WRITING BY THE CITY'S OR TOWN'S GENERAL COUNSEL FOR THE SOLE PURPOSE OF ENSURING COMPLIANCE WITH ANY APPLICABLE COURT ORDER OR STATE OR FEDERAL LAW.
(d) CONDUCTING TRAININGS, PROGRAMS OR ACTIVITIES DESIGNED OR IMPLEMENTED IN REFERENCE TO RACE, COLOR, ETHNICITY, GENDER IDENTITY OR SEXUAL ORIENTATION OR DIVERSITY, EQUITY AND INCLUSION, OTHER THAN TRAININGS, PROGRAMS OR ACTIVITIES DEVELOPED BY AN ATTORNEY AND APPROVED IN WRITING BY THE CITY'S OR TOWN'S GENERAL COUNSEL FOR THE SOLE PURPOSE OF ENSURING COMPLIANCE WITH ANY APPLICABLE COURT ORDER OR STATE OR FEDERAL LAW.
Title 11, chapter 2, article 4, Arizona Revised Statutes, is amended by adding section 11-269.30, to read:
Title 41, chapter 9, article 10, Arizona Revised Statutes, is amended by adding section 41-1494.01, to read:
11-269.30.
41-1494.01.
Diversity;
Preferential treatment or discrimination prohibited;
equity;
exceptions;
inclusion;
remedies;
prohibition;
definition A.
definitions A.
NOTWITHSTANDING ANY OTHER LAW, THIS STATE OR A CITY, TOWN, COUNTY, PUBLIC UNIVERSITY, COMMUNITY COLLEGE DISTRICT, SCHOOL DISTRICT OR SPECIAL DISTRICT IN THIS STATE MAY NOT DO ANY OF THE FOLLOWING:
NOTWITHSTANDING ANY OTHER LAW, A COUNTY MAY NOT DO ANY OF THE FOLLOWING:
ESTABLISH OR MAINTAIN A DIVERSITY, EQUITY AND INCLUSION OFFICE.
COMPEL AN APPLICANT, EMPLOYEE, STUDENT OR CONTRACTOR TO ENDORSE OR SUPPORT GIVING PREFERENTIAL TREATMENT TO OR DISCRIMINATING AGAINST ANY INDIVIDUAL ON THE BASIS OF RACE OR ETHNICITY AS A CONDITION OF ANY ADMISSION, GRADUATION, HIRING, PROMOTION, CERTIFICATION OR CONTRACTING DECISION OR OTHER EMPLOYMENT FUNCTION OR SCHOLARSHIP OPPORTUNITY.
THE PROHIBITION PURSUANT TO THIS PARAGRAPH INCLUDES ALL OF THE FOLLOWING:
(a) REQUIRING OR SOLICITING A WRITTEN OR ORAL STATEMENT IN SUPPORT OF ANY OF THE FOLLOWING:
(i) A THEORY OR PRACTICE THAT ADVOCATES FOR THE DIFFERENTIAL TREATMENT OF ANY INDIVIDUAL OR GROUP OF INDIVIDUALS ON THE BASIS OF RACE OR ETHNICITY.
(ii) ANY FORMULATION OF RACE-BASED DIVERSITY, EQUITY AND INCLUSION OR INTERSECTIONALITY IN CONTEMPORARY SOCIETY BEYOND UPHOLDING THE EQUAL PROTECTION OF THE LAWS GUARANTEED BY THE FOURTEENTH AMENDMENT OF THE CONSTITUTION OF THE UNITED STATES.
(iii) THE BELIEF THAT A RACIALLY NEUTRAL LAW, POLICY OR INSTITUTION PERPETUATES RACIAL OPPRESSION OR INJUSTICE OR RACE-BASED PRIVILEGE IN CONTEMPORARY SOCIETY.
(b) REQUIRING OR SOLICITING AN INDIVIDUAL TO CONFESS RACE-BASED PRIVILEGE OR DISCUSS THE INDIVIDUAL'S RACE OR ETHNICITY OR VIEWS ON OR EXPERIENCE WITH THE RACE OR ETHNICITY OF OTHERS.
(c) GIVING PREFERABLE CONSIDERATION TO AN INDIVIDUAL FOR AN OPINION EXPRESSED OR AN ACT TAKEN IN SUPPORT OF ANOTHER INDIVIDUAL OR A GROUP OF INDIVIDUALS IF THE CONSIDERATION IS BASED ON THE RACE OR ETHNICITY OF THOSE INDIVIDUALS.
(d) REQUIRING ENROLLMENT IN, OR COMPLETION OF, ANY TRAINING OR COURSE THAT PROMOTES ANY OF THE TENETS PRESCRIBED IN THIS PARAGRAPH.
HIRE OR ASSIGN AN EMPLOYEE OR CONTRACT WITH A THIRD PARTY TO PERFORM THE DUTIES OF A DIVERSITY, EQUITY AND INCLUSION OFFICE.
SPEND PUBLIC MONIES TO OPERATE OR CONTRACT FOR ANY OFFICE OR POSITION IN AN INSTITUTION OF PUBLIC EDUCATION THAT IS RESPONSIBLE FOR PROMOTING PREFERENTIAL TREATMENT TOWARD OR DISCRIMINATION AGAINST AN INDIVIDUAL OR GROUP ON THE BASIS OF RACE OR ETHNICITY.
THE PROHIBITION PURSUANT TO THIS PARAGRAPH:
- 1 - H.B.
2868 (a) INCLUDES USING ANY APPROPRIATED MONIES OR ANY REVENUE THAT IS DERIVED FROM ANY TAX, FEE, GRANT, TUITION, ENDOWMENT OR DONATION OR ANY OTHER SOURCE THAT IS UNDER THE CONTROL OF THE INSTITUTION OR THE INSTITUTION'S COMPONENT UNITS TO PROMOTE OR PROMULGATE ANY OF THE FOLLOWING:
(i) AN EFFORT TO MANIPULATE OR OTHERWISE INFLUENCE THE COMPOSITION OF THE FACULTY OR STUDENT BODY WITH REFERENCE TO RACE, SEX OR ETHNICITY, APART FROM ENSURING SEX-NEUTRAL ADMISSIONS AND HIRING IN ACCORDANCE WITH STATE AND FEDERAL ANTIDISCRIMINATION LAWS.
(ii) THE DIFFERENTIAL TREATMENT OF OR THE PROVISION OF SPECIAL BENEFITS TO INDIVIDUALS ON THE BASIS OF RACE OR ETHNICITY.
(iii) POLICIES OR PROCEDURES THAT ARE DESIGNED OR IMPLEMENTED IN REFERENCE TO RACE OR ETHNICITY.
(iv) TRAINING, PROGRAMMING OR ACTIVITIES DESIGNED OR IMPLEMENTED WITH REFERENCE TO RACE, ETHNICITY, INTERSECTIONALITY, GENDER IDENTITY OR SEXUAL ORIENTATION.
(v) RELATED PRACTICES OR CONCEPTS AS MAY BE PRESCRIBED BY THE LEGISLATURE.
(b) DOES NOT INCLUDE ANY OF THE FOLLOWING:
(i) ACADEMIC COURSE INSTRUCTION, RESEARCH OR CREATIVE WORKS BY THE INSTITUTION'S STUDENTS, FACULTY OR OTHER RESEARCH PERSONNEL AND THE DISSEMINATION OF THOSE ITEMS.
(ii) ACTIVITIES OF REGISTERED STUDENT ORGANIZATIONS OR ARRANGEMENTS FOR GUEST SPEAKERS AND PERFORMERS WITH SHORT-TERM ENGAGEMENTS.
(iii) MENTAL OR PHYSICAL HEALTH SERVICES THAT ARE PROVIDED BY A LICENSED PROFESSIONAL IN THIS STATE.
COMPEL, REQUIRE, INDUCE OR SOLICIT ANY PERSON TO PROVIDE A DIVERSITY, EQUITY AND INCLUSION STATEMENT OR GIVE PREFERENTIAL CONSIDERATION TO ANY PERSON BASED ON A DIVERSITY, EQUITY AND INCLUSION STATEMENT.
IMPLEMENT ANY DISCIPLINARY POLICY OR PRACTICE THAT TREATS AN INDIVIDUAL STUDENT OR EMPLOYEE OR GROUP OF STUDENTS OR EMPLOYEES DIFFERENTLY ON THE BASIS OF RACE OR ETHNICITY.
4.
GIVE 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 COUNTY.
5.
AS A CONDITION OF EMPLOYMENT, REQUIRE THAT EMPLOYEES PARTICIPATE IN DIVERSITY, EQUITY AND INCLUSION TRAINING, INCLUDING A TRAINING, PROGRAM - 2 - H.B.
2868 OR ACTIVITY DESIGNED OR IMPLEMENTED IN REFERENCE TO RACE, COLOR, ETHNICITY, GENDER IDENTITY OR SEXUAL ORIENTATION.
THIS PARAGRAPH DOES NOT INCLUDE A TRAINING, PROGRAM OR ACTIVITY DEVELOPED BY AN ATTORNEY AND APPROVED IN WRITING BY THE COUNTY'S GENERAL COUNSEL FOR THE SOLE PURPOSE OF ENSURING COMPLIANCE WITH ANY APPLICABLE COURT ORDER OR STATE OR FEDERAL LAW.
6.
REQUIRE ENROLLMENT IN, OR COMPLETION OF, AN ACADEMIC COURSE THAT PROMOTES, IN THE CONTEXT OF CONTEMPORARY AMERICAN SOCIETY, THE TENETS OF DIVERSITY, EQUITY AND INCLUSION OR THE ACTIVITIES OF A DIVERSITY, EQUITY AND INCLUSION OFFICE.
A COUNTY SHALL ADOPT POLICIES AND PROCEDURES FOR APPROPRIATELY DISCIPLINING, INCLUDING BY TERMINATION, AN EMPLOYEE OR CONTRACTOR THAT ENGAGES IN CONDUCT THAT VIOLATES SUBSECTION A OF THIS SECTION.
THIS SECTION DOES NOT DO ANY OF THE FOLLOWING:
C.
FOR THE PURPOSES OF THIS SECTION:
"DIVERSITY, EQUITY AND INCLUSION":
PROHIBIT BONA FIDE QUALIFICATIONS BASED ON SEX, INCLUDING SEX-SPECIFIC SPACES OR DESIGNATIONS, THAT ARE REASONABLY NECESSARY TO THE NORMAL OPERATION OF PUBLIC EMPLOYMENT, PUBLIC EDUCATION OR PUBLIC CONTRACTING.
(a) MEANS INTERRELATED CONCEPTS THAT DO ANY OF THE FOLLOWING:
(i) DESCRIBE OR EXPOSE STRUCTURES, SYSTEMS OR RELATIONS OF POWER, PRIVILEGE OR SUBORDINATION ON THE BASIS OF RACE, SEX, COLOR, GENDER, ETHNICITY, GENDER IDENTITY OR SEXUAL ORIENTATION.
(ii) DESCRIBE METHODS TO IDENTIFY, DISMANTLE OR OPPOSE STRUCTURES, SYSTEMS OR RELATIONS.
(iii) JUSTIFY DIFFERENTIAL TREATMENT OF OR SPECIAL BENEFITS CONFERRED TO INDIVIDUALS ON THE BASIS OF RACE, SEX, COLOR, GENDER, ETHNICITY, GENDER IDENTITY OR SEXUAL ORIENTATION.
(b) INCLUDES UNCONSCIOUS OR IMPLICIT BIAS, CULTURAL APPROPRIATION, ALLYSHIP, TRANSGENDERISM, MICROAGGRESSIONS, MICROINVALIDATION, GROUP MARGINALIZATION, ANTIRACISM, SYSTEMIC OPPRESSION, ETHNOCENTRISM, STRUCTURAL RACISM, STRUCTURAL INEQUITY, SOCIAL JUSTICE, INTERSECTIONALITY, NEOPRONOUNS, INCLUSIVE LANGUAGE, HETERONORMATIVITY, DISPARATE IMPACT, GENDER IDENTITY, GENDER THEORY, RACIAL OR SEXUAL PRIVILEGE OR RELATED FORMULATIONS OF THESE CONCEPTS.
"DIVERSITY, EQUITY AND INCLUSION OFFICE" MEANS AN OFFICE, DIVISION OR OTHER UNIT ESTABLISHED FOR ANY OF THE FOLLOWING PURPOSES:
PROHIBIT ANY ACTION THAT MUST BE TAKEN TO ESTABLISH OR MAINTAIN ELIGIBILITY FOR ANY FEDERAL PROGRAM, IF BOTH OF THE FOLLOWING APPLY:
(a) INFLUENCING HIRING OR EMPLOYMENT PRACTICES IN THE COUNTY WITH RESPECT TO RACE, SEX, COLOR OR ETHNICITY, OTHER THAN THROUGH THE USE OF COLOR-BLIND AND SEX-NEUTRAL HIRING PROCESSES IN ACCORDANCE WITH ANY APPLICABLE STATE AND FEDERAL ANTIDISCRIMINATION LAWS.
(a) INELIGIBILITY WOULD RESULT IN A LOSS OF FEDERAL MONIES TO THIS STATE.
(b) PROMOTING DIFFERENTIAL TREATMENT OF OR PROVIDING SPECIAL BENEFITS TO INDIVIDUALS ON THE BASIS OF RACE, COLOR OR ETHNICITY.
(b) THE ACTION THAT WOULD OTHERWISE BE PROHIBITED IS LIMITED TO OUTREACH, ADVERTISING OR COMMUNICATION EFFORTS THAT DO NOT MODIFY ANY APPLICATION CRITERION OR THE EVALUATION OF ANY STUDENT, EMPLOYEE OR CANDIDATE.
(c) PROMOTING POLICIES OR PROCEDURES DESIGNED OR IMPLEMENTED IN REFERENCE TO RACE, COLOR OR ETHNICITY, OTHER THAN POLICIES OR PROCEDURES APPROVED IN WRITING BY THE COUNTY'S GENERAL COUNSEL FOR THE SOLE PURPOSE OF ENSURING COMPLIANCE WITH ANY APPLICABLE COURT ORDER OR STATE OR FEDERAL LAW.
- 3 - H.B.
2868 (d) CONDUCTING TRAININGS, PROGRAMS OR ACTIVITIES DESIGNED OR IMPLEMENTED IN REFERENCE TO RACE, COLOR, ETHNICITY, GENDER IDENTITY OR SEXUAL ORIENTATION OR DIVERSITY, EQUITY AND INCLUSION, OTHER THAN TRAININGS, PROGRAMS OR ACTIVITIES DEVELOPED BY AN ATTORNEY AND APPROVED IN WRITING BY THE COUNTY'S GENERAL COUNSEL FOR THE SOLE PURPOSE OF ENSURING COMPLIANCE WITH ANY APPLICABLE COURT ORDER OR STATE OR FEDERAL LAW.
Sec.
Title 15, chapter 12, article 3, Arizona Revised Statutes, is amended by adding section 15-1454, to read:
PROHIBIT A QUALIFICATION THAT IS BASED ON TRIBAL MEMBERSHIP AS PART OF A PROGRAM ESTABLISHED TO SERVE MEMBERS OF INDIAN TRIBES IN THIS STATE.
15-1454.
- 2 - H.B.
Community college district governing board;
2868 4.
diversity;
PROHIBIT DATA COLLECTION, ADVERTISING OR OUTREACH, AS REQUIRED BY FEDERAL LAW.
equity;
inclusion;
prohibition;
applicability;
definitions A.
NOTWITHSTANDING ANY OTHER LAW, A COMMUNITY COLLEGE DISTRICT GOVERNING BOARD MAY NOT DO ANY OF THE FOLLOWING:
1.
ESTABLISH OR MAINTAIN A DIVERSITY, EQUITY AND INCLUSION OFFICE.
2.
HIRE OR ASSIGN AN EMPLOYEE OR CONTRACT WITH A THIRD PARTY TO PERFORM THE DUTIES OF A DIVERSITY, EQUITY AND INCLUSION OFFICE.
3.
COMPEL, REQUIRE, INDUCE OR SOLICIT ANY PERSON TO PROVIDE A DIVERSITY, EQUITY AND INCLUSION STATEMENT OR GIVE PREFERENTIAL CONSIDERATION TO ANY PERSON BASED ON A DIVERSITY, EQUITY AND INCLUSION STATEMENT.
4.
GIVE 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 COMMUNITY COLLEGE DISTRICT GOVERNING BOARD.
AS A CONDITION OF ENROLLMENT OR PERFORMING ANY COMMUNITY COLLEGE DISTRICT GOVERNING BOARD FUNCTIONS, REQUIRE ANY PERSON TO PARTICIPATE IN DIVERSITY, EQUITY AND INCLUSION TRAINING, INCLUDING A TRAINING, PROGRAM OR ACTIVITY DESIGNED OR IMPLEMENTED IN REFERENCE TO RACE, COLOR, ETHNICITY, GENDER IDENTITY OR SEXUAL ORIENTATION.
PROHIBIT MENTAL OR PHYSICAL HEALTH SERVICES THAT ARE PROVIDED BY A LICENSED PROFESSIONAL IN THIS STATE.
THIS PARAGRAPH DOES NOT INCLUDE A TRAINING, PROGRAM OR ACTIVITY DEVELOPED BY AN ATTORNEY AND APPROVED IN WRITING BY THE COMMUNITY COLLEGE DISTRICT GOVERNING BOARD FOR THE SOLE PURPOSE OF ENSURING COMPLIANCE WITH ANY APPLICABLE COURT ORDER OR STATE OR FEDERAL LAW.
REQUIRE ENROLLMENT IN, OR COMPLETION OF, AN ACADEMIC COURSE THAT PROMOTES, IN THE CONTEXT OF CONTEMPORARY AMERICAN SOCIETY, THE TENETS OF DIVERSITY, EQUITY AND INCLUSION OR THE ACTIVITIES OF A DIVERSITY, EQUITY AND INCLUSION OFFICE.
INCLUDE A TRAINING, PROGRAM OR ACTIVITY DEVELOPED BY AN ATTORNEY AND APPROVED IN WRITING BY THE INSTITUTION'S GENERAL COUNSEL AND GOVERNING BOARD FOR THE SOLE PURPOSE OF ENSURING COMPLIANCE WITH ANY APPLICABLE COURT ORDER OR STATE OR FEDERAL ANTIDISCRIMINATION LAW.
B.
A COMMUNITY COLLEGE DISTRICT GOVERNING BOARD SHALL ADOPT POLICIES AND PROCEDURES FOR APPROPRIATELY DISCIPLINING, INCLUDING BY TERMINATION, AN EMPLOYEE OR CONTRACTOR THAT ENGAGES IN CONDUCT THAT VIOLATES SUBSECTION A OF THIS SECTION.
C.
SUBSECTION A OF THIS SECTION DOES NOT APPLY TO ANY OF THE FOLLOWING:
1.
EXCEPT AS PROVIDED IN SUBSECTION A, PARAGRAPH 6 OF THIS SECTION, ACADEMIC COURSE INSTRUCTION.
- 4 - H.B.
2868 2.
SCHOLARLY RESEARCH OR A CREATIVE WORK BY A COMMUNITY COLLEGE'S STUDENTS, FACULTY OR OTHER RESEARCH PERSONNEL OR THE DISSEMINATION OF THAT RESEARCH OR WORK.
3.
AN ACTIVITY OF A STUDENT ORGANIZATION REGISTERED WITH OR RECOGNIZED BY A COMMUNITY COLLEGE.
4.
GUEST SPEAKERS OR PERFORMERS ON SHORT-TERM ENGAGEMENTS.
5.
A POLICY, PRACTICE, PROCEDURE, PROGRAM OR ACTIVITY TO ENHANCE STUDENT ACADEMIC ACHIEVEMENT OR POSTGRADUATE OUTCOMES THAT IS DESIGNED AND IMPLEMENTED WITHOUT REGARD TO RACE, SEX, COLOR OR ETHNICITY.
6.
DATA COLLECTION.
STUDENT RECRUITMENT OR ADMISSIONS.
PROHIBIT IDENTIFYING AND DISCUSSING HISTORICAL MOVEMENTS, IDEOLOGIES OR INSTANCES OF RACIAL HATRED OR DISCRIMINATION, INCLUDING SLAVERY, INDIAN REMOVAL, THE HOLOCAUST OR JAPANESE-AMERICAN INTERNMENT.
D.
8.
THIS SECTION:
PREVENT THIS STATE FROM REQUIRING AN APPLICANT, EMPLOYEE OR CONTRACTOR FROM DOING ANY OF THE FOLLOWING:
1.
(a) DISCLOSING OR DISCUSSING THE CONTENT OF THE INDIVIDUAL'S SCHOLARLY RESEARCH OR CREATIVE WORKS.
DOES NOT LIMIT OR PROHIBIT A COMMUNITY COLLEGE DISTRICT GOVERNING BOARD OR AN EMPLOYEE OF A COMMUNITY COLLEGE DISTRICT GOVERNING BOARD FROM APPLYING FOR A GRANT, COMPLYING WITH THE TERMS OF ACCREDITATION BY AN ACCREDITING AGENCY OR SUBMITTING TO THE GRANTOR OR ACCREDITING AGENCY A STATEMENT THAT DOES ANY OF THE FOLLOWING:
(b) CERTIFYING COMPLIANCE WITH STATE AND FEDERAL ANTIDISCRIMINATION LAWS.
(a) HIGHLIGHTS THE COMMUNITY COLLEGE'S WORK IN SUPPORTING ANY OF THE FOLLOWING:
(c) IF EXPRESSLY REQUIRED BY FEDERAL LAW, CERTIFYING THE EXISTENCE OF AN AFFIRMATIVE ACTION PLAN THAT DOES NOT INCLUDE PREFERENTIAL TREATMENT OF INDIVIDUALS ON THE BASIS OF RACE OR ETHNICITY.
(i) FIRST-GENERATION COLLEGE STUDENTS.
(ii) LOW-INCOME STUDENTS.
(iii) UNDERSERVED STUDENT POPULATIONS.
(b) CERTIFIES COMPLIANCE WITH STATE AND FEDERAL ANTIDISCRIMINATION LAWS.
2.
DOES NOT PROHIBIT BONA FIDE QUALIFICATIONS BASED ON SEX, WHICH ARE CONDUCIVE TO THE NORMAL OPERATION OF COMMUNITY COLLEGES.
3.
DOES NOT PROHIBIT IDENTIFYING AND DISCUSSING HISTORICAL MOVEMENTS, IDEOLOGIES OR INSTANCES OF RACIAL HATRED OR DISCRIMINATION, INCLUDING SLAVERY, INDIAN REMOVAL, THE HOLOCAUST OR JAPANESE-AMERICAN INTERNMENT.
E.
A COMMUNITY COLLEGE MAY NOT SPEND MONIES APPROPRIATED TO THE COMMUNITY COLLEGE IN ANY GIVEN FISCAL YEAR UNTIL THE COMMUNITY COLLEGE SUBMITS TO THE LEGISLATURE A REPORT THAT CERTIFIES THE COMMUNITY COLLEGE'S COMPLIANCE WITH THIS SECTION DURING THE PRECEDING FISCAL YEAR.
F.
IN THE INTERIM BETWEEN EACH REGULAR SESSION OF THE LEGISLATURE, THE COMMUNITY COLLEGE, OR ITS DESIGNEE, SHALL TESTIFY BEFORE THE SENATE EDUCATION COMMITTEE, OR ITS SUCCESSOR COMMITTEE, AND THE HOUSE OF REPRESENTATIVE'S EDUCATION COMMITTEE, OR ITS SUCCESSOR COMMITTEE, AT A PUBLIC HEARING OF EACH COMMITTEE REGARDING THE COMMUNITY COLLEGE'S COMPLIANCE WITH THIS SECTION.
G.
A STUDENT OR EMPLOYEE OF A COMMUNITY COLLEGE WHO IS REQUIRED TO PARTICIPATE IN ANY TRAINING THAT VIOLATES THIS SECTION MAY BRING AN ACTION AGAINST THE COMMUNITY COLLEGE FOR INJUNCTIVE OR DECLARATORY RELIEF.
- 5 - H.B.
2868 H.
FOR THE PURPOSES OF THIS SECTION:
1.
"DIVERSITY, EQUITY AND INCLUSION":
(a) MEANS INTERRELATED CONCEPTS THAT DO ANY OF THE FOLLOWING:
(i) DESCRIBE OR EXPOSE STRUCTURES, SYSTEMS OR RELATIONS OF POWER, PRIVILEGE OR SUBORDINATION ON THE BASIS OF RACE, SEX, COLOR, GENDER, ETHNICITY, GENDER IDENTITY OR SEXUAL ORIENTATION.
(ii) DESCRIBE METHODS TO IDENTIFY, DISMANTLE OR OPPOSE STRUCTURES, SYSTEMS OR RELATIONS.
(iii) JUSTIFY DIFFERENTIAL TREATMENT OF OR SPECIAL BENEFITS CONFERRED TO INDIVIDUALS ON THE BASIS OF RACE, SEX, COLOR, GENDER, ETHNICITY, GENDER IDENTITY OR SEXUAL ORIENTATION.
(b) INCLUDES UNCONSCIOUS OR IMPLICIT BIAS, CULTURAL APPROPRIATION, ALLYSHIP, TRANSGENDERISM, MICROAGGRESSIONS, MICROINVALIDATION, GROUP MARGINALIZATION, ANTIRACISM, SYSTEMIC OPPRESSION, ETHNOCENTRISM, STRUCTURAL RACISM, STRUCTURAL INEQUITY, SOCIAL JUSTICE, INTERSECTIONALITY, NEOPRONOUNS, INCLUSIVE LANGUAGE, HETERONORMATIVITY, DISPARATE IMPACT, GENDER IDENTITY, GENDER THEORY, RACIAL OR SEXUAL PRIVILEGE OR RELATED FORMULATIONS OF THESE CONCEPTS.
2.
"DIVERSITY, EQUITY AND INCLUSION OFFICE" MEANS AN OFFICE, DIVISION OR OTHER UNIT OF A COMMUNITY COLLEGE ESTABLISHED FOR ANY OF THE FOLLOWING PURPOSES:
(a) INFLUENCING HIRING OR EMPLOYMENT PRACTICES AT THE COMMUNITY COLLEGE WITH RESPECT TO RACE, SEX, COLOR OR ETHNICITY, OTHER THAN THROUGH THE USE OF COLOR-BLIND AND SEX-NEUTRAL HIRING PROCESSES IN ACCORDANCE WITH ANY APPLICABLE STATE AND FEDERAL ANTIDISCRIMINATION LAWS.
(b) PROMOTING DIFFERENTIAL TREATMENT OF OR PROVIDING SPECIAL BENEFITS TO INDIVIDUALS ON THE BASIS OF RACE, COLOR OR ETHNICITY.
(c) PROMOTING POLICIES OR PROCEDURES DESIGNED OR IMPLEMENTED IN REFERENCE TO RACE, COLOR OR ETHNICITY, OTHER THAN POLICIES OR PROCEDURES APPROVED IN WRITING BY THE COMMUNITY COLLEGE'S GENERAL COUNSEL AND APPROVED BY THE COMMUNITY COLLEGE DISTRICT GOVERNING BOARD FOR THE SOLE PURPOSE OF ENSURING COMPLIANCE WITH ANY APPLICABLE COURT ORDER OR STATE OR FEDERAL LAW.
(d) CONDUCTING TRAININGS, PROGRAMS OR ACTIVITIES DESIGNED OR IMPLEMENTED IN REFERENCE TO RACE, COLOR, ETHNICITY, GENDER IDENTITY OR SEXUAL ORIENTATION OR DIVERSITY, EQUITY AND INCLUSION, OTHER THAN TRAININGS, PROGRAMS OR ACTIVITIES DEVELOPED BY AN ATTORNEY AND APPROVED IN WRITING BY THE COMMUNITY COLLEGE'S GENERAL COUNSEL AND APPROVED BY THE COMMUNITY COLLEGE DISTRICT GOVERNING BOARD FOR THE SOLE PURPOSE OF ENSURING COMPLIANCE WITH ANY APPLICABLE COURT ORDER OR STATE OR FEDERAL LAW.
- 6 - H.B.
2868 Sec.
4.
Title 15, chapter 13, article 1, Arizona Revised Statutes, is amended by adding section 15-1607, to read:
15-1607.
Universities;
diversity;
equity;
inclusion;
prohibition;
applicability;
definitions A.
NOTWITHSTANDING ANY OTHER LAW, A UNIVERSITY UNDER THE JURISDICTION OF THE ARIZONA BOARD OF REGENTS MAY NOT DO ANY OF THE FOLLOWING:
1.
ESTABLISH OR MAINTAIN A DIVERSITY, EQUITY AND INCLUSION OFFICE.
2.
HIRE OR ASSIGN AN EMPLOYEE OR CONTRACT WITH A THIRD PARTY TO PERFORM THE DUTIES OF A DIVERSITY, EQUITY AND INCLUSION OFFICE.
3.
COMPEL, REQUIRE, INDUCE OR SOLICIT ANY PERSON TO PROVIDE A DIVERSITY, EQUITY AND INCLUSION STATEMENT OR GIVE PREFERENTIAL CONSIDERATION TO ANY PERSON BASED ON A DIVERSITY, EQUITY AND INCLUSION STATEMENT.
4.
GIVE 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 PUBLIC UNIVERSITY.
5.
AS A CONDITION OF ENROLLING AT THE UNIVERSITY OR PERFORMING ANY UNIVERSITY FUNCTION, REQUIRE ANY PERSON TO PARTICIPATE IN DIVERSITY, EQUITY AND INCLUSION TRAINING, INCLUDING A TRAINING, PROGRAM OR ACTIVITY DESIGNED OR IMPLEMENTED IN REFERENCE TO RACE, COLOR, ETHNICITY, GENDER IDENTITY OR SEXUAL ORIENTATION.
THIS PARAGRAPH DOES NOT INCLUDE A TRAINING, PROGRAM OR ACTIVITY DEVELOPED BY AN ATTORNEY AND APPROVED IN WRITING BY THE UNIVERSITY'S GENERAL COUNSEL AND THE ARIZONA BOARD OF REGENTS FOR THE SOLE PURPOSE OF ENSURING COMPLIANCE WITH ANY APPLICABLE COURT ORDER OR STATE OR FEDERAL LAW.
6.
REQUIRE ENROLLMENT IN OR COMPLETION OF, AN ACADEMIC COURSE THAT PROMOTES, IN THE CONTEXT OF CONTEMPORARY AMERICAN SOCIETY, THE TENETS OF DIVERSITY, EQUITY AND INCLUSION OR THE ACTIVITIES OF A DIVERSITY, EQUITY AND INCLUSION OFFICE.
B.
A UNIVERSITY SHALL ADOPT POLICIES AND PROCEDURES FOR APPROPRIATELY DISCIPLINING, INCLUDING BY TERMINATION, AN EMPLOYEE OR CONTRACTOR THAT ENGAGES IN CONDUCT THAT VIOLATES SUBSECTION A OF THIS SECTION.
SUBSECTION A OF THIS SECTION DOES NOT APPLY TO ANY OF THE FOLLOWING:
THE REMEDIES AVAILABLE FOR A VIOLATION OF THIS SECTION ARE THE SAME, REGARDLESS OF THE INJURED PARTY'S RACE, SEX, COLOR, ETHNICITY OR NATIONAL ORIGIN, AS ARE OTHERWISE AVAILABLE FOR A VIOLATION OF THE EXISTING ANTIDISCRIMINATION LAWS OF THIS STATE.
1.
EXCEPT AS PROVIDED IN SUBSECTION A, PARAGRAPH 6 OF THIS SECTION, ACADEMIC COURSE INSTRUCTION.
2.
SCHOLARLY RESEARCH OR A CREATIVE WORK BY A UNIVERSITY'S STUDENTS, FACULTY OR OTHER RESEARCH PERSONNEL OR THE DISSEMINATION OF THAT RESEARCH OR WORK.
3.
AN ACTIVITY OF A STUDENT ORGANIZATION REGISTERED WITH OR RECOGNIZED BY A PUBLIC UNIVERSITY.
4.
GUEST SPEAKERS OR PERFORMERS ON SHORT-TERM ENGAGEMENTS.
- 7 - H.B.
2868 5.
A POLICY, PRACTICE, PROCEDURE, PROGRAM OR ACTIVITY TO ENHANCE STUDENT ACADEMIC ACHIEVEMENT OR POSTGRADUATE OUTCOMES THAT IS DESIGNED AND IMPLEMENTED WITHOUT REGARD TO RACE, SEX, COLOR OR ETHNICITY.
6.
DATA COLLECTION.
7.
STUDENT RECRUITMENT OR ADMISSIONS.
THIS SECTION:
FOR THE PURPOSES OF THIS SECTION, "PUBLIC UNIVERSITY" INCLUDES A UNIVERSITY UNDER THE JURISDICTION OF THE ARIZONA BOARD OF REGENTS.
1.
- 3 -
DOES NOT LIMIT OR PROHIBIT A PUBLIC UNIVERSITY OR AN EMPLOYEE OF A PUBLIC UNIVERSITY FROM APPLYING FOR A GRANT, COMPLYING WITH THE TERMS OF ACCREDITATION BY AN ACCREDITING AGENCY OR SUBMITTING TO THE GRANTOR OR ACCREDITING AGENCY A STATEMENT THAT DOES ANY OF THE FOLLOWING:
(a) HIGHLIGHTS THE UNIVERSITY'S WORK IN SUPPORTING ANY OF THE FOLLOWING:
(i) FIRST-GENERATION COLLEGE STUDENTS.
(ii) LOW-INCOME STUDENTS.
(iii) UNDERSERVED STUDENT POPULATIONS.
(b) CERTIFIES COMPLIANCE WITH STATE AND FEDERAL ANTIDISCRIMINATION LAWS.
2.
DOES NOT PROHIBIT BONA FIDE QUALIFICATIONS BASED ON SEX, WHICH ARE CONDUCIVE TO THE NORMAL OPERATION OF UNIVERSITIES.
3.
DOES NOT PROHIBIT IDENTIFYING AND DISCUSSING HISTORICAL MOVEMENTS, IDEOLOGIES OR INSTANCES OF RACIAL HATRED OR DISCRIMINATION, INCLUDING SLAVERY, INDIAN REMOVAL, THE HOLOCAUST OR JAPANESE-AMERICAN INTERNMENT.
E.
A UNIVERSITY MAY NOT SPEND MONIES APPROPRIATED TO THE UNIVERSITY IN ANY GIVEN FISCAL YEAR UNTIL THE UNIVERSITY SUBMITS TO THE LEGISLATURE A REPORT THAT CERTIFIES THE UNIVERSITY'S COMPLIANCE WITH THIS SECTION DURING THE PRECEDING FISCAL YEAR.
F.
IN THE INTERIM BETWEEN EACH REGULAR SESSION OF THE LEGISLATURE, THE UNIVERSITY, OR ITS DESIGNEE, SHALL TESTIFY BEFORE THE SENATE EDUCATION COMMITTEE, OR ITS SUCCESSOR COMMITTEE, AND THE HOUSE OF REPRESENTATIVE'S EDUCATION COMMITTEE, OR ITS SUCCESSOR COMMITTEE, AT A PUBLIC HEARING OF EACH COMMITTEE REGARDING THE UNIVERSITY'S COMPLIANCE WITH THIS SECTION.
G.
A STUDENT OR EMPLOYEE OF A UNIVERSITY WHO IS REQUIRED TO PARTICIPATE IN ANY TRAINING THAT VIOLATES THIS SECTION MAY BRING AN ACTION AGAINST THE UNIVERSITY FOR INJUNCTIVE OR DECLARATORY RELIEF.
H.
FOR THE PURPOSES OF THIS SECTION:
1.
"DIVERSITY, EQUITY AND INCLUSION":
(a) MEANS INTERRELATED CONCEPTS THAT DO ANY OF THE FOLLOWING:
(i) DESCRIBE OR EXPOSE STRUCTURES, SYSTEMS OR RELATIONS OF POWER, PRIVILEGE OR SUBORDINATION ON THE BASIS OF RACE, SEX, COLOR, GENDER, ETHNICITY, GENDER IDENTITY OR SEXUAL ORIENTATION.
(ii) DESCRIBE METHODS TO IDENTIFY, DISMANTLE OR OPPOSE STRUCTURES, SYSTEMS OR RELATIONS.
- 8 - H.B.
2868 (iii) JUSTIFY DIFFERENTIAL TREATMENT OF OR SPECIAL BENEFITS CONFERRED TO INDIVIDUALS ON THE BASIS OF RACE, SEX, COLOR, GENDER, ETHNICITY, GENDER IDENTITY OR SEXUAL ORIENTATION.
(b) INCLUDES UNCONSCIOUS OR IMPLICIT BIAS, CULTURAL APPROPRIATION, ALLYSHIP, TRANSGENDERISM, MICROAGGRESSIONS, MICROINVALIDATION, GROUP MARGINALIZATION, ANTIRACISM, SYSTEMIC OPPRESSION, ETHNOCENTRISM, STRUCTURAL RACISM, STRUCTURAL INEQUITY, SOCIAL JUSTICE, INTERSECTIONALITY, NEOPRONOUNS, INCLUSIVE LANGUAGE, HETERONORMATIVITY, DISPARATE IMPACT, GENDER IDENTITY, GENDER THEORY, RACIAL OR SEXUAL PRIVILEGE OR RELATED FORMULATIONS OF THESE CONCEPTS.
2.
"DIVERSITY, EQUITY AND INCLUSION OFFICE" MEANS AN OFFICE, DIVISION OR OTHER UNIT OF AN INSTITUTION OF HIGHER EDUCATION ESTABLISHED FOR ANY OF THE FOLLOWING PURPOSES:
(a) INFLUENCING HIRING OR EMPLOYMENT PRACTICES AT THE PUBLIC UNIVERSITY WITH RESPECT TO RACE, SEX, COLOR OR ETHNICITY, OTHER THAN THROUGH THE USE OF COLOR-BLIND AND SEX-NEUTRAL HIRING PROCESSES IN ACCORDANCE WITH ANY APPLICABLE STATE AND FEDERAL ANTIDISCRIMINATION LAWS.
(b) PROMOTING DIFFERENTIAL TREATMENT OF OR PROVIDING SPECIAL BENEFITS TO INDIVIDUALS ON THE BASIS OF RACE, COLOR OR ETHNICITY.
(c) PROMOTING POLICIES OR PROCEDURES DESIGNED OR IMPLEMENTED IN REFERENCE TO RACE, COLOR OR ETHNICITY, OTHER THAN POLICIES OR PROCEDURES APPROVED IN WRITING BY THE PUBLIC UNIVERSITY'S GENERAL COUNSEL AND APPROVED BY THE ARIZONA BOARD OF REGENTS FOR THE SOLE PURPOSE OF ENSURING COMPLIANCE WITH ANY APPLICABLE COURT ORDER OR STATE OR FEDERAL LAW.
(d) CONDUCTING TRAININGS, PROGRAMS OR ACTIVITIES DESIGNED OR IMPLEMENTED IN REFERENCE TO RACE, COLOR, ETHNICITY, GENDER IDENTITY OR SEXUAL ORIENTATION OR DIVERSITY, EQUITY AND INCLUSION, OTHER THAN TRAININGS, PROGRAMS OR ACTIVITIES DEVELOPED BY AN ATTORNEY AND APPROVED IN WRITING BY THE PUBLIC UNIVERSITY'S GENERAL COUNSEL AND APPROVED BY THE ARIZONA BOARD OF REGENTS FOR THE SOLE PURPOSE OF ENSURING COMPLIANCE WITH ANY APPLICABLE COURT ORDER OR STATE OR FEDERAL LAW.
Sec.
5.
Title 41, chapter 4, article 1, Arizona Revised Statutes, is amended by adding section 41-710.03, to read:
41-710.03.
Diversity;
equity;
inclusion;
prohibition;
definitions A.
THIS STATE OR ANY AGENCY OF THIS STATE MAY NOT DO ANY OF THE FOLLOWING:
1.
ESTABLISH OR MAINTAIN A DIVERSITY, EQUITY AND INCLUSION OFFICE.
2.
HIRE OR ASSIGN AN EMPLOYEE OR CONTRACT WITH A THIRD PARTY TO PERFORM THE DUTIES OF A DIVERSITY, EQUITY AND INCLUSION OFFICE.
3.
COMPEL, REQUIRE, INDUCE OR SOLICIT ANY PERSON TO PROVIDE A DIVERSITY, EQUITY AND INCLUSION STATEMENT OR GIVE PREFERENTIAL CONSIDERATION TO ANY PERSON BASED ON A DIVERSITY, EQUITY AND INCLUSION STATEMENT.
- 9 - H.B.
2868 4.
GIVE PREFERENCE ON THE BASIS OF RACE, SEX, COLOR OR ETHNICITY TO AN APPLICANT FOR EMPLOYMENT, AN EMPLOYEE OR A PARTICIPANT IN ANY FUNCTION OF THIS STATE OR ANY AGENCY OF THIS STATE.
5.
AS A CONDITION OF EMPLOYMENT, REQUIRE THAT EMPLOYEES PARTICIPATE IN DIVERSITY, EQUITY AND INCLUSION TRAINING, INCLUDING A TRAINING, PROGRAM OR ACTIVITY DESIGNED OR IMPLEMENTED IN REFERENCE TO RACE, COLOR, ETHNICITY, GENDER IDENTITY OR SEXUAL ORIENTATION.
THIS PARAGRAPH DOES NOT INCLUDE A TRAINING, PROGRAM OR ACTIVITY DEVELOPED BY AN ATTORNEY AND APPROVED IN WRITING BY AN AGENCY'S GENERAL COUNSEL FOR THE SOLE PURPOSE OF ENSURING COMPLIANCE WITH ANY APPLICABLE COURT ORDER OR STATE OR FEDERAL LAW.
6.
REQUIRE ENROLLMENT IN, OR COMPLETION OF, AN ACADEMIC COURSE THAT PROMOTES, IN THE CONTEXT OF CONTEMPORARY AMERICAN SOCIETY, THE TENETS OF DIVERSITY, EQUITY AND INCLUSION OR THE ACTIVITIES OF A DIVERSITY, EQUITY AND INCLUSION OFFICE.
B.
THIS STATE OR ANY AGENCY OF THIS STATE SHALL ADOPT POLICIES AND PROCEDURES FOR APPROPRIATELY DISCIPLINING, INCLUDING BY TERMINATION, AN EMPLOYEE OR CONTRACTOR THAT ENGAGES IN CONDUCT THAT VIOLATES SUBSECTION A OF THIS SECTION.
C.
FOR THE PURPOSES OF THIS SECTION:
1.
"DIVERSITY, EQUITY AND INCLUSION":
(a) MEANS INTERRELATED CONCEPTS THAT DO ANY OF THE FOLLOWING:
(i) DESCRIBE OR EXPOSE STRUCTURES, SYSTEMS OR RELATIONS OF POWER, PRIVILEGE OR SUBORDINATION ON THE BASIS OF RACE, SEX, COLOR, GENDER, ETHNICITY, GENDER IDENTITY OR SEXUAL ORIENTATION.
(ii) DESCRIBE METHODS TO IDENTIFY, DISMANTLE OR OPPOSE STRUCTURES, SYSTEMS OR RELATIONS.
(iii) JUSTIFY DIFFERENTIAL TREATMENT OF OR SPECIAL BENEFITS CONFERRED TO INDIVIDUALS ON THE BASIS OF RACE, SEX, COLOR, GENDER, ETHNICITY, GENDER IDENTITY OR SEXUAL ORIENTATION.
(b) INCLUDES UNCONSCIOUS OR IMPLICIT BIAS, CULTURAL APPROPRIATION, ALLYSHIP, TRANSGENDERISM, MICROAGGRESSIONS, MICROINVALIDATION, GROUP MARGINALIZATION, ANTIRACISM, SYSTEMIC OPPRESSION, ETHNOCENTRISM, STRUCTURAL RACISM, STRUCTURAL INEQUITY, SOCIAL JUSTICE, INTERSECTIONALITY, NEOPRONOUNS, INCLUSIVE LANGUAGE, HETERONORMATIVITY, DISPARATE IMPACT, GENDER IDENTITY, GENDER THEORY, RACIAL OR SEXUAL PRIVILEGE OR RELATED FORMULATIONS OF THESE CONCEPTS.
2.
"DIVERSITY, EQUITY AND INCLUSION OFFICE" MEANS AN OFFICE, DIVISION OR OTHER UNIT ESTABLISHED FOR ANY OF THE FOLLOWING PURPOSES:
(a) INFLUENCING HIRING OR EMPLOYMENT PRACTICES IN THIS STATE OR ANY AGENCY OF THIS STATE WITH RESPECT TO RACE, SEX, COLOR OR ETHNICITY, OTHER THAN THROUGH THE USE OF COLOR-BLIND AND SEX-NEUTRAL HIRING PROCESSES IN ACCORDANCE WITH ANY APPLICABLE STATE AND FEDERAL ANTIDISCRIMINATION LAWS.
(b) PROMOTING DIFFERENTIAL TREATMENT OF OR PROVIDING SPECIAL BENEFITS TO INDIVIDUALS ON THE BASIS OF RACE, COLOR OR ETHNICITY.
- 10 - H.B.
2868 (c) PROMOTING POLICIES OR PROCEDURES DESIGNED OR IMPLEMENTED IN REFERENCE TO RACE, COLOR OR ETHNICITY, OTHER THAN POLICIES OR PROCEDURES APPROVED IN WRITING BY THE AGENCY'S GENERAL COUNSEL FOR THE SOLE PURPOSE OF ENSURING COMPLIANCE WITH ANY APPLICABLE COURT ORDER OR STATE OR FEDERAL LAW.
(d) CONDUCTING TRAININGS, PROGRAMS OR ACTIVITIES DESIGNED OR IMPLEMENTED IN REFERENCE TO RACE, COLOR, ETHNICITY, GENDER IDENTITY OR SEXUAL ORIENTATION OR DIVERSITY, EQUITY AND INCLUSION, OTHER THAN TRAININGS, PROGRAMS OR ACTIVITIES DEVELOPED BY AN ATTORNEY AND APPROVED IN WRITING BY THE AGENCY'S GENERAL COUNSEL FOR THE SOLE PURPOSE OF ENSURING COMPLIANCE WITH ANY APPLICABLE COURT ORDER OR STATE OR FEDERAL LAW.
- 11 -
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Action History

  1. Vetoed by Governor

  2. Transmit to Governor

  3. PASSED

  4. PASSED

  5. Transmit to House

  6. PASSED

  7. DPA

  8. DPA/SE

  9. Senate Second Reading

  10. Senate First Reading

  11. Transmit to Senate

  12. PASSED

  13. DP

  14. House Placed on Consent Calendar

  15. DP

  16. House Second Reading

  17. House First Reading.

Sponsors

Sponsorship breakdown

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1 sponsors · 14 co-sponsors · 78 not signed on · 38 voted No

Sponsors (1)

Co-sponsors (14)

Not signed on (78)

78 members have not signed on to this bill.

Show all 78 →

"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

Votes

Passed

Passed 33 Yea · 25 Nay · 2 Other
Party YeaNayPresentNot Voting
Democrat 02502
Republican 33000
Total 332502
% of votes cast 55%42%0%3%
How each member voted (60)
Member Party Vote
Aaron Márquez Democrat Nay
Alma Hernandez Democrat Nay
Anna Abeytia Democrat Nay
Betty J Villegas Democrat Nay
Brian Garcia Democrat Nay
Cesar Aguilar Democrat Nay
Christopher Mathis Democrat Nay
Consuelo Hernandez Democrat Nay
Elda Luna-Nájera Democrat Nay
Janeen Connolly Democrat Nay
Junelle Cavero Democrat Nay
Kevin Volk Democrat Nay
Lorena Austin Democrat Nay
Lupe Contreras Democrat Nay
Lydia Hernandez Democrat Nay
Mae Peshlakai Democrat Not Voting
Mariana Sandoval Democrat Nay
Myron Tsosie Democrat Nay
Nancy Gutierrez Democrat Nay
Oscar De Los Santos Democrat Nay
Patty Contreras Democrat Nay
Quantá Crews Democrat Nay
Sarah Liguori Democrat Nay
Seth Blattman Democrat Nay
Stacey Travers Democrat Nay
Stephanie Simacek Democrat Not Voting
Stephanie Stahl Hamilton Democrat Nay
Alexander Kolodin Republican Yea
Beverly Pingerelli Republican Yea
Chris Lopez Republican Yea
David Livingston Republican Yea
David Marshall, Sr. Republican Yea
Gail Griffin Republican Yea
James Taylor Republican Yea
Jeff Weninger Republican Yea
John Gillette Republican Yea
Joseph Chaplik Republican Yea
Julie Willoughby Republican Yea
Justin Olson Republican Yea
Justin Wilmeth Republican Yea
Khyl Powell Republican Yea
Laurin Hendrix Republican Yea
Leo Biasiucci Republican Yea
Lisa Fink Republican Yea
Lupe Diaz Republican Yea
Matt Gress Republican Yea
Michael Carbone Republican Yea
Michael Way Republican Yea
Michele Peña Republican Yea
Neal Carter Republican Yea
Nick Kupper Republican Yea
Pamela Carter Republican Yea
Quang H Nguyen Republican Yea
Rachel Keshel Republican Yea
Ralph Heap Republican Yea
Selina Bliss Republican Yea
Steve Montenegro Republican Yea
Teresa Martinez Republican Yea
Tony Rivero Republican Yea
Walt Blackman Republican Yea

Official roll call →

Passed

Passed 17 Yea · 11 Nay · 2 Other
Party YeaNayPresentNot Voting
Democrat 01102
Republican 17000
Total 171102
% of votes cast 57%37%0%7%
How each member voted (30)
Member Party Vote
Analise Ortiz Democrat Nay
Brian Fernandez Democrat Not Voting
Catherine Miranda Democrat Nay
Denise “Mitzi” Epstein Democrat Nay
Eva Diaz Democrat Nay
Flavio Bravo Democrat Nay
Kiana Sears Democrat Nay
Lauren Kuby Democrat Nay
Lela Alston Democrat Nay
Priya Sundareshan Democrat Not Voting
Rosanna Gabaldón Democrat Nay
Sally Ann Gonzales Democrat Nay
Theresa Hatathlie Democrat Nay
Carine Werner Republican Yea
David C. Farnsworth Republican Yea
David Gowan Republican Yea
Frank Carroll Republican Yea
Hildy Angius Republican Yea
J.D. Mesnard Republican Yea
Jake Hoffman Republican Yea
Janae Shamp Republican Yea
John Kavanagh Republican Yea
Kevin Payne Republican Yea
Mark Finchem Republican Yea
Shawnna Bolick Republican Yea
Thomas "T.J." Shope Republican Yea
Timothy "Tim" Dunn Republican Yea
Venden "Vince" Leach Republican Yea
Warren Petersen Republican Yea
Wendy Rogers Republican Yea

Official roll call →

Passed

Passed 32 Yea · 26 Nay · 2 Other
Party YeaNayPresentNot Voting
Democrat 02601
Republican 32001
Total 322602
% of votes cast 53%43%0%3%
How each member voted (60)
Member Party Vote
Aaron Márquez Democrat Nay
Alma Hernandez Democrat Nay
Anna Abeytia Democrat Nay
Betty J Villegas Democrat Nay
Brian Garcia Democrat Not Voting
Cesar Aguilar Democrat Nay
Christopher Mathis Democrat Nay
Consuelo Hernandez Democrat Nay
Elda Luna-Nájera Democrat Nay
Janeen Connolly Democrat Nay
Junelle Cavero Democrat Nay
Kevin Volk Democrat Nay
Lorena Austin Democrat Nay
Lupe Contreras Democrat Nay
Lydia Hernandez Democrat Nay
Mae Peshlakai Democrat Nay
Mariana Sandoval Democrat Nay
Myron Tsosie Democrat Nay
Nancy Gutierrez Democrat Nay
Oscar De Los Santos Democrat Nay
Patty Contreras Democrat Nay
Quantá Crews Democrat Nay
Sarah Liguori Democrat Nay
Seth Blattman Democrat Nay
Stacey Travers Democrat Nay
Stephanie Simacek Democrat Nay
Stephanie Stahl Hamilton Democrat Nay
Alexander Kolodin Republican Yea
Beverly Pingerelli Republican Yea
Chris Lopez Republican Yea
David Livingston Republican Yea
David Marshall, Sr. Republican Yea
Gail Griffin Republican Not Voting
James Taylor Republican Yea
Jeff Weninger Republican Yea
John Gillette Republican Yea
Joseph Chaplik Republican Yea
Julie Willoughby Republican Yea
Justin Olson Republican Yea
Justin Wilmeth Republican Yea
Khyl Powell Republican Yea
Laurin Hendrix Republican Yea
Leo Biasiucci Republican Yea
Lisa Fink Republican Yea
Lupe Diaz Republican Yea
Matt Gress Republican Yea
Michael Carbone Republican Yea
Michael Way Republican Yea
Michele Peña Republican Yea
Neal Carter Republican Yea
Nick Kupper Republican Yea
Pamela Carter Republican Yea
Quang H Nguyen Republican Yea
Rachel Keshel Republican Yea
Ralph Heap Republican Yea
Selina Bliss Republican Yea
Steve Montenegro Republican Yea
Teresa Martinez Republican Yea
Tony Rivero Republican Yea
Walt Blackman Republican Yea

Official roll call →

Subjects

civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 2868?
HB 2868 is sponsored by Jeff Weninger (Republican), James Taylor (Republican), Khyl Powell (Republican), Justin Olson (Republican), Quang H Nguyen (Republican), Steve Montenegro (Republican), Chris Lopez (Republican), Nick Kupper (Republican), Matt Gress (Republican), Lisa Fink (Republican), Pamela Carter (Republican), Neal Carter (Republican), Michael Carbone (Republican), Leo Biasiucci (Republican), and Michael Way (Republican).
What is the current status of HB 2868?
This bill died with 57th Legislature - First Regular Session. It reached “To Executive” 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 2868?
Track HB 2868 free on One Click Politics — get push/email alerts when it moves.

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