Arizona 2023 2023 Regular Session

Arizona House Bill HB2312 Comm Sub / Analysis

Filed 03/01/2023

                      	HB 2312 
Initials AG 	Page 1 	House Engrossed 
 
ARIZONA HOUSE OF REPRESENTATIVES 
Fifty-sixth Legislature 
First Regular Session 
House: HHS DP 5-4-0-0  
 
HB 2312: women's shelters; male employees; liability 
Sponsor: Representative Jones, LD 17 
House Engrossed 
Overview 
Asserts that facilities that do not allow biological male employees to be in the presence of a 
woman or their minor children while living in the facility is not liable for gender discrimination if the 
facility's sole purpose is to provide a safe and stable shelter for women or women with their minor 
children.  
History 
It is an unlawful employment practice for an employer to do the following because of an 
individual's race, color, religion, sex, age, national origin or on the basis of disability: 
1) to fail or refuse to hire, discharge or otherwise to discriminate against any individual with 
respect to their compensation, terms, conditions or privileges of employment; 
2) to limit, segregate or classify employees or applicants for employment in any way that 
would deprive or tend to deprive any individual of employment opportunities or otherwise 
adversely affect their employee status; and 
3) to fail or refuse to hire, discharge or otherwise discriminate against any individual based 
on the results of a genetic test received by the employer (A.R.S. § 41-1463).  
Employer, as defined within the discrimination in employment statutes, means:  
1) a person who has 15 or more employees for each working day in each of 20 or more 
calendar weeks in the current or preceding calendar year; and  
2) to the extent that the person is alleged to have committed any act of sexual harassment, 
a person who has one or more employees in the current or preceding calendar year 
(A.R.S. § 41-1461).  
Provisions 
1. Specifies that a facility that does not allow a biological male employee to be in the presence 
of a woman or their minor children while living in the facility is not liable for gender 
discrimination if the facility's sole purpose is to provide a safe and stable shelter for women or 
women with their minor children. (Sec. 1) 
2. Defines facility to include a women's shelter, a women's halfway house and a sex trafficking 
rehabilitation center for women. (Sec. 1) 
☐ Prop 105 (45 votes)     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes) ☐ Fiscal Note