HB2217 - Antidiscrimination; employment; housing; public accommodations

PREFILED JAN 12 2026 REFERENCE TITLE: antidiscrimination; employment; housing; public accommodations State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session 2026 HB 2217 Introduced by Representatives Garcia: Contreras P, Sandoval, Simacek AN ACT amending sections 41-1402, 41-1405, 41-1441, 41-1442, 41-1444, 41-1461, 41-1463, 41-1464, 41-1481, 41-1491, 41-1491.05, 41-1491.14, 41-1491.15, 41-1491.16, 41-1491.17, 41-1491.20 and 41-1491.21, Arizona Revised Statutes; relating to civil rights. (TEXT OF BILL BEGINS ON NEXT PAGE) Be it enacted by the Legislature of the State of Arizona: Section 1. Section 41-1402, Arizona Revised Statutes, is amended to read: START_STATUTE 41-1402. Powers and duties of the division A. The division may: 1. Employ an executive director for the board and other necessary personnel whose compensation shall be as determined pursuant to section 38-611. 2. Subject to the provisions and restrictions of this chapter, cooperate with and enter into agreements with the United States equal employment opportunity commission, the United States department of housing and urban development and other United States agencies interested in practices governed by this chapter, accept monies from those agencies and carry out and perform the covenants and conditions of any written agreement with those agencies not inconsistent with or beyond this chapter. 3. Cooperate with and enter into agreements with state and local agencies not inconsistent with or beyond this chapter. 4. Intervene in a civil action brought under section 41-1481 by a complainant against a defendant other than the state. 5. After studying recommendations of the board, issue, amend or rescind procedural rules to carry out this chapter. 6. Make periodic surveys of the existence and effect of discrimination because of race, color, religion, sex, sexual orientation, gender identity and gender expression, age, disability, familial status or national origin in the enjoyment of civil rights by any person within this state as prescribed by this chapter. 7. Foster, through community effort, in cooperation with both public and private groups, the elimination of discrimination based on race, color, religion, sex, sexual orientation, gender identity and gender expression, age, disability, familial status or national origin. 8. Issue publications of results of studies, investigations and research as in its judgment will tend to promote goodwill and the elimination of discrimination between persons because of race, color, religion, sex, sexual orientation, gender identity and gender expression, age, disability, familial status or national origin. 9. Furnish persons subject to this chapter with such assistance as may be reasonably necessary to further compliance with this chapter. B. The division shall: 1. Administer this chapter. 2. Report from time to time, but not less than once a year in December, to the legislature and the governor, describing its activities and accomplishments during the year, and file with each report a copy of all recommendations of the division as to additional remedial action by legislative enactment or otherwise. END_STATUTE Sec. 2. Section 41-1405, Arizona Revised Statutes, is amended to read: START_STATUTE 41-1405. Reasonable accommodation or reasonable modification not required under certain conditions A covered entity under article 4 or 8 of this chapter is not required to provide a reasonable accommodation or a reasonable modification to policies, practices or procedures to an individual who meets the definition of disability solely under section 41-1461, paragraph 5 4 , subdivision (c) or who meets the definition of being regarded as having such a physical or mental impairment under section 41-1492. END_STATUTE Sec. 3. Section 41-1441, Arizona Revised Statutes, is amended to read: START_STATUTE 41-1441. Definitions In this article, unless the context otherwise requires: 1. "Gender identity and gender expression" means the gender-related identity and expression, including appearance, mannerisms or other gender-related characteristics, of an individual regardless of the individual's designated sex at birth. 1. 2. "Person" means an individual, corporation, partnership, unincorporated association, or other organization, and includes the owner, lessee, operator, proprietor, manager, superintendent, agent , or employee of any place of public accommodation. 2. 3. "Places of public accommodation" means all public places of entertainment, amusement or recreation, all public places where food or beverages are sold for consumption on the premises, all public places which that are conducted for the lodging of transients or for the benefit, use or accommodation of those seeking health or recreation and all establishments which that cater or offer their services, facilities or goods to or solicit patronage from the members of the general public. Any dwelling as defined in section 41-1491, or any private club, or any place which that is in its nature distinctly private is not a place of public accommodation . END_STATUTE Sec. 4. Section 41-1442, Arizona Revised Statutes, is amended to read: START_STATUTE 41-1442. Discrimination in places of public accommodation; exceptions A. Discrimination in places of public accommodation against any person because of race, color, religion, sex, sexual orientation, gender identity and gender expression, national origin or ancestry is contrary to the policy of this state and shall be deemed unlawful. B. No person, directly or indirectly, shall refuse to, withhold from or deny to any person, nor aid in or incite the refusal to deny or withhold, accommodations, advantages, facilities or privileges thereof because of race, color, religion, sex, sexual orientation, gender identity and gender expression, national origin or ancestry, nor shall distinction be made with respect to any person based on race, color, religion, sex, sexual orientation, gender identity and gender expression, national origin or ancestry in connection with the price or quality of any item, goods or services offered by or at any place of public accommodation. C. Any person who is under the influence of alcohol or narcotics, who is guilty of boisterous conduct, who is of lewd or immoral character, who is physically violent or who violates any regulation of any place of public accommodation that applies to all persons regardless of race, color, religion, sex, sexual orientation, gender identity and gender expression, national origin or ancestry may be excluded from any place of public accommodation and nothing in this article shall be considered to limit the right of such exclusion. D. Notwithstanding any other provision of this article and except as required by federal law, it is not an unlawful practice if a person fails to provide a trained and competent bilingual person who is skilled in interpreting a language other than English to assist a person who is seeking services at a place of public accommodation. Notwithstanding any other provision of this article and except as required by federal law, a person who offers a service at a place of public accommodation is not required to provide a person who is seeking the service any form or other documentation in that person's native language. E. It is not an unlawful practice pursuant to this section for a person to fail to provide service at a place of public accommodation if by providing the service the person offering the service would violate a state or federal law or a rule that is adopted by a state or federal board, commission or agency that has jurisdiction over the person offering the service. END_STATUTE Sec. 5. Section 41-1444, Arizona Revised Statutes, is amended to read: START_STATUTE 41-1444. Gender-neutral restrooms; changing stations; public buildings; definitions A. A public entity that constructs a new restroom that is accessible to the public in a public building or that totally renovates an existing restroom that is accessible to both men and women and to the public in a public building shall: 1. Designate all single-occupancy restroom facilities as gender-neutral restrooms. 1. 2. Include in each building at least one restroom in each building at least one that is accessible to any person regardless of gender and that contains a changing station that is capable of serving both a baby and an adult and that is accessible to both men and women . 2. 3. Provide signage at or near the entrance to the changing station indicating the location of the changing station. 3. 4. Indicate the location of the changing station in the central building directory, if such a directory exists. B. The responsible authority may grant an exemption from the requirements of this section if the responsible authority determines that: 1. Any of the following would apply to the installation of a changing station that is capable of serving both a baby and an adult: (a) The installation would not be feasible. (b) The installation would result in a failure to comply with the Americans with disabilities act standards for access for persons with disabilities. (c) The installation would threaten or destroy the historic significance of a historic property. 2. The public building is not frequented by the public. C. The installation of a changing station under this section must provide sufficient clear floor space to comply with the requirements of the 2010 Americans with disabilities act standards for accessible design. D. This section does not establish a private right of action. E. For the purposes of this section: 1. "Public building" means a building or appurtenance to a building that is built in whole or in part with public monies. 2. "Public entity" means any: (a) State or local government. (b) Department, agency, special purpose district or other instrumentality of a state or local government, including the legislature. 3. "Responsible authority" means an organization, office or individual responsible for enforcing the requirements of a code or standard or for approving equipment, materials, an installation or a procedure. 4. "Totally renovates" means to perform construction that is at least $50,000 and that totally removes all nonstructural interior walls, floor and ceiling finishes, mechanical systems, electrical systems and plumbing fixtures and supply and waste lines. 5. "2010 Americans with disabilities act standards for accessible design" means the 2010 standards for state and local government facilities prescribed in 28 Code of Federal Regulations section 35.151 and 36 Code of Federal Regulations part 1191, appendices B and D. END_STATUTE Sec. 6. Section 41-1461, Arizona Revised Statutes, is amended to read: START_STATUTE 41-1461. Definitions In this article, unless the context otherwise requires: 1. "Auxiliary aids and services" includes: (a) Qualified interpreters or other effective methods of making aurally delivered materials available to individuals with hearing impairments. (b) Qualified readers, taped texts or other effective methods of making visually delivered materials available to individuals with visual impairments. (c) Acquisition or modification of equipment or devices. (d) Other similar services and actions. 3. 2. "Being regarded as having such a physical or mental impairment": (a) Means an individual who establishes that the individual has been subjected to an action prohibited under this article because of an actual or perceived physical or mental impairment whether or not the impairment limits or is perceived to limit a major life activity. (b) Does not 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. 4. 3. "Covered entity" means an employer, employment agency, labor organization or joint labor-management committee. 5. 4. "Disability" means, with respect to an individual, except any impairment caused by current use of illegal drugs, any of the following: (a) A physical or mental impairment that substantially limits one or more of the major life activities of the individual. (b) A record of such a physical or mental impairment. (c) Being regarded as having such a physical or mental impairment. 6. 5. "Employee": (a) Means an individual employed by an employer. (b) Does not include an elected public official of this state or any political subdivision of this state, any person chosen by an elected official to be on the elected official's personal staff, an appointee on the policymaking level or an immediate adviser with respect to the exercise of the constitutional or legal powers of the office, unless the person or appointee is subject to the civil service laws of this state or any political subdivision of this state. 7. 6. "Employer": (a) Means a person who has fifteen five 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 or a person who has one or more employees in the current or preceding calendar year and any agent of that person, to the extent that the person is alleged to have: (i) Committed any act of sexual harassment. (ii) Discriminated against anyone for opposing sexual harassment or making a charge, testifying, assisting or participating in any manner in an investigation, proceeding or hearing arising from sexual harassment. (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. 8. 7. "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. "GENDER IDENTITY and gender expression" MEANS THE GENDER-RELATED IDENTITY AND EXPRESSION, INCLUDING APPEARANCE, MANNERISMS OR OTHER GENDER-RELATED CHARACTERISTICS, OF AN INDIVIDUAL REGARDLESS OF THE INDIVIDUAL'S DESIGNATED SEX AT BIRTH. 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 five 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 committ [Text truncated for display. Full text available on LegiScan.]