HB 2868 Arizona House · 57th Legislature - First Regular Session

preferential treatment; discrimination; policies

HB 2868 prohibits Arizona cities and counties from establishing diversity, equity, and inclusion (DEI) offices, requiring DEI statements or training, or giving preference based on race, sex, color, or ethnicity in employment or programs. The bill directly affects local government entities by banning specific DEI-related policies and mandating disciplinary action for violations. Key provisions define "diversity, equity and inclusion" broadly to include concepts like systemic oppression and gender theory, while allowing limited compliance training approved by legal counsel. This bill was passed by the Arizona legislature in May 2025 but was vetoed by the governor on May 13, 2025, preventing it from becoming law.
Bill status vetoed 4 of 5 stages cleared
Introduction
Feb 2025
Committee Review
Feb 2025
House Passage
May 2025
Senate Passage
May 2025
Vetoed
May 2025
Introduced Feb 11, 2025 Vetoed May 13, 2025
Maddy AI version diff · 2 comparisons

What changed between versions

House Engrossed Version Senate Engrossed Version · 12 edits · May 6, 2025
MAJOR
This bill was amended to prohibit state agencies, cities, towns, counties, community college districts, and universities from establishing diversity, equity, and inclusion offices, requiring DEI training, or enforcing DEI policies. The original version included additional protections for sex-specific spaces, federal program eligibility, tribal membership qualifications, and data collection requirements, which were removed in the Senate version. The Senate version also removed the original remedies section that provided equal protections regardless of race, sex, color, ethnicity, or national origin.
Scope change
The bill's scope was significantly narrowed by removing protections for sex-specific spaces, tribal membership programs, federal program eligibility requirements, data collection mandates, and health services. The Senate version also removed the original remedies section that ensured equal legal protections regardless of race, sex, color, ethnicity, or national origin.
ELIGIBILITY

Removed protections for bona fide sex-specific spaces and designations in public employment and education

Removed protections for tribal membership qualifications in programs serving Indian tribes

REQUIREMENT

Removed requirement to maintain eligibility for federal programs when ineligibility would result in loss of federal monies

Removed prohibition on data collection, advertising, or outreach required by federal law

Removed prohibition on mental or physical health services provided by licensed professionals

Added explicit prohibition on spending public monies for DEI offices or positions that promote preferential treatment based on race or ethnicity

Added prohibition on requiring individuals to disclose research content, certify compliance with antidiscrimination laws, or certify affirmative action plans without preferential treatment

Added prohibition on preventing applicants, employees, or contractors from disclosing research content, certifying compliance, or certifying affirmative action plans

Added requirement for community colleges and universities to submit annual compliance reports to the legislature and testify before education committees

Added provision allowing students or employees to bring legal action against institutions if required to participate in training that violates the section

ENFORCEMENT

Removed remedies section that provided equal protections regardless of race, sex, color, ethnicity, or national origin

DEFINITION

Changed the definition of diversity, equity, and inclusion to include concepts that justify differential treatment or special benefits based on race, sex, color, gender, ethnicity, gender identity, or sexual orientation

Floor votes · House Mar 3, 2025

How they voted

This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history

Actions timeline

Total actions
16
Key actions
7
Committee
1
Amendments
2
May 13, 2025
Vetoed
Vetoed by Governor
executive
May 7, 2025
Lower · Passed
PASSED
lower
May 6, 2025
Upper · Passed
PASSED
upper
Apr 30, 2025
Upper · Passed
DPA
upper
Mar 26, 2025
Upper · Passed
DPA/SE
upper
Mar 3, 2025
Lower · Passed
PASSED
lower
Feb 26, 2025
Lower · Passed
DP
lower
Feb 20, 2025
Lower · Passed
DP
lower
1 primary · 14 co-sponsors

Sponsors