Assigned to HHS AS VETOED
ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
VETOED
FACT SHEET FOR H.B. 2312
women's shelters; male employees; liability
Purpose
States that a facility that does not allow a biological male employee to be in the presence
of a woman or the woman's minor children is not liable for gender discrimination if the facility's
sole purpose is to provide a safe and stable shelter.
Background
It is an unlawful employment practice for an employer, because of the individual's race,
color, religion, sex, age or national origin or on the basis of disability, to: 1) fail or refuse to hire
or to discharge any individual or otherwise to discriminate against any individual with respect to
the individual's compensation, terms, conditions or privileges of employment; 2) 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 the individual's
status as an employee; or 3) fail or refuse to hire, to discharge or to otherwise discriminate against
any individual based on the results of a genetic test received by the employer (A.R.S. § 41-1463).
An employer is 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 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 (A.R.S. § 41-1461).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. States that a facility that does not allow a biological male employee to be in the presence of a
woman or the woman's minor children who are living in the facility is not liable for gender
discrimination if the facility's sole purpose is to provide a safe and stable shelter to women or
women with minor children.
2. Defines facility to include a women's shelter, women's halfway house and sex trafficking
rehabilitation center for women.
3. Becomes effective on the general effective date.
FACT SHEET – Vetoed
H.B. 2312
Page 2
Governor's Veto Message
The Governor indicates in her veto message that H.B. 2312 is unnecessary and, rather
than improving or facilitating access to the resources that victims of domestic violence and
victims' families need, allows providers to discriminate on the basis of sex. The Governor states
that Arizonans who choose to work in domestic violence shelters and services are among the
state's most qualified, dedicated public servants who deserve the freedom to live without laws
targeting gender identity.
House Action Senate Action
HHS 1/23/23 DP 5-4-0-0 HHS 3/28/23 DP 4-3-0
3
rd
Read 2/28/23 31-28-1 3
rd
Read 5/9/23 16-14-0
Vetoed by the Governor 5/16/23
Prepared by Senate Research
May 22, 2023
MM/MC/slp