Text of AZ HB 2135 (2026)
Liability; diversity; equity; inclusion laws
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As introduced
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PREFILED JAN 06 2026
REFERENCE TITLE: liability; diversity; equity; inclusion laws
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HB 2135
Introduced by
Representative
Way
AN
ACT
amending title 12, chapter 6, Arizona
Revised Statutes, by adding article 20; relating to civil liability.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 12, chapter 6, Arizona Revised
Statutes, is amended by adding article 20, to read:
ARTICLE 20. PROHIBITED
DIVERSITY, EQUITY AND INCLUSION POLICIES
START_STATUTE12-784. Prohibition on diversity, equity and inclusion policies; civil
liability; statute of limitations; definitions
A. A person whose rights are violated
may commence a civil action against a covered entity that violates a state or
federal law prohibiting a diversity, equity and inclusion policy.
B. A person who prevails against a
covered entity is entitled to the following relief:
1. Declaratory relief.
2. Injunctive relief.
3. Damages in the amount of at least
$100,000 against the covered entity.
4. Compensatory damages.
5. Court costs and reasonable
attorney fees.
C. A person shall commence a civil
action pursuant to this section not later than three years after the violation occurred.
D. For the purposes of this section:
1. "Covered entity" means a
corporation, organization, institution or agency in this state that is subject
to a state or federal law prohibiting a diversity, equity and inclusion policy.
2. "Diversity, equity and
inclusion policy":
(a) Means a
policy that is known and practiced as DEI, critical race theory or anti-racism
or any of the following concepts:
(i) One race or
sex is inherently superior to another race or sex.
(ii) The United
States is fundamentally racist or sexist.
(iii) An
individual, by virtue of the individual's race or sex, is inherently racist,
sexist or oppressive, whether consciously or unconsciously.
(iv) An
individual should be discriminated against or receive adverse treatment solely
or partly because of the individual's race or sex.
(v) A member of
one race or sex cannot and should not attempt to treat others without respect
due to race or sex.
(vi) An
individual's moral character is necessarily determined by the individual's race
or sex.
(vii) An
individual, by virtue of the individual's race or sex, bears responsibility for
acts committed in the past by other members of the same race or sex.
(viii) An
individual should feel discomfort, guilt or anguish or any other form of
psychological distress because of the individual's race or sex.
(ix) Meritocracy
or traits such as a hard work ethic are racist or sexist or were created by a
particular race to oppress another race.
(x) All
individuals should be compelled to believe in, and to speak in a manner
consistent with, the concept that an individual can change the individual's sex
or gender.
(b) Includes
any other form of race or sex stereotyping or any other form of race or sex
scapegoating. END_STATUTE
Sec. 2. Emergency
This act is an emergency measure that
is necessary to preserve the public peace, health or safety and is operative
immediately as provided by law.