29 Jul

July 2021 Arizona HR Legal Updates

Posted at

1:28pm

in

Arizona’s New Law Provides Second Chances to Those with Criminal Convictions

Update Applicable to:
All employers in Arizona.

What happened?
On April 1, 2021, Governor Doug Ducey signed House Bill 2067 into law.

What are the details?
The bill, in effect starting August 27, 2021, allows courts to issue an order for a “Certificate of Second Chance” for individuals “whose judgment of guilt” is set aside after a criminal conviction.

This allows individuals who receive the certificate the opportunity to apply for and obtain occupational licenses in Arizona as well as providing additional protections to employers. Individuals who may not have been eligible for certain state licenses, now have the opportunity to apply for and obtain occupational licenses in Arizona.

Employers who hire individuals with the certificate will receive “all the protections” provided under Arizona’s limited liability statute (A.R.S. Section 12-558.03) for hiring individuals with criminal convictions. Employers who conduct background checks on these candidates will find a notation next to the conviction, explaining that a court vacated or dismissed the individual’s criminal charges and that it issued a Certificate of Second Chance to the individual.

The bill can be read here.

An article on the bill can be read here.

What do employers need to do?
Employers will not need to make any changes but should be aware of the bill for their new hiring processes.

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Arizona Passes Amendment for Pregnant Worker Protections

Update Applicable to:
All employers in Arizona.

What happened?
On February 4, 2021, Governor Doug Ducey signed House Bill 2045 into law.

What are the details?
Effective July 19, 2021, the bill amends the Arizona Civil Rights Act (ACRA) to add additional protections to pregnant workers in Arizona. It expands discrimination because of sex to include pregnancy, childbirth, and related medical conditions.

The law expressly states, “women who are affected by pregnancy or childbirth, or related medical conditions shall be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work ….” This allows the state attorney general to investigate charges of pregnancy discrimination regardless of whether the woman can show she was treated differently than other employees with a temporary disability.

The bill can be read here.

Articles on the bill can be read here and here.

What do employers need to do?
Employers may need to update their workplace practices to ensure that employees are not discriminated against due to their pregnancy status or related medical issues.  

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Glendale Passes New City Ordinance on LGBTQ+ Protections

Update Applicable to:
All Employers in Glendale, Arizona with 5 or more employees.

What happened?
On May 25, 2021, the Glendale City Council unanimously approved an ordinance prohibiting discrimination in public places, housing, and many workplaces.

What are the details?
The ordinance, effective September 22, 2021 (120 days after adoption), will prohibit discrimination based on race, color, ethnicity, national origin, age, disability, religion, sex, sexual orientation, gender, gender identity, veteran’s status, marital status, or familial status. It also extends protections to housing and public places, including everything from hotels and bars to bowling alleys and movie theaters. The ordinance also applies to all businesses with five or more employees. It also exempts religious organizations, religious schools, charter schools, single-sex sports or recreation leagues, and single-sex areas, such as gender-specific gyms.

People will have 90 days to report alleged violations and to ensure compliance, Glendale City will impose civil penalties on violators. For a first violation, the city manager will attempt to resolve the issue through mediation, before issuing a fine. For a second or third violation, the city manager has discretion whether to mediate or impose a fine.

The ordinance can be read here.

An article on the ordinance can be read here.

What do employers need to do?
Employers should review the law to ensure they remain in compliance.

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