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AZ HB2351
Bill
Status
1/18/2012
Primary Sponsor
Edward Ableser
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AI Summary
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Extends the statute of limitations for filing civil actions in employment discrimination cases from one year to two years after a charge is filed with the division, with the two-year period not including time spent in court proceedings to enforce administrative subpoenas.
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Establishes that the two-year statute of limitations is subject to principles of estoppel, tolling, and waiver rather than being jurisdictional.
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Adds provisions allowing complaining parties to recover punitive damages (if defendant engaged in unlawful conduct with malice or reckless indifference) and compensatory damages in addition to equitable relief, with caps ranging from $50,000 to $300,000 depending on employer size.
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Excludes punitive or compensatory damages in reasonable accommodation cases if the covered entity demonstrates good faith efforts to identify and provide reasonable accommodation.
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Allows either party to demand a trial by jury when seeking punitive or compensatory damages, and prohibits courts from informing juries of the damage limitations.
Legislative Description
Discrimination; enforcement; damages
Last Action
Referred to House JUD Committee
1/19/2012