67-5909A. ACTS PROHIBITED — PUBLIC EMPLOYMENT — PUBLIC EDUCATION. (1) The state shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment or public education.
(2) The provisions of this section shall apply only to action taken after the effective date of this section.
(3) Nothing in this section shall be interpreted as prohibiting bona fide qualifications based on sex that are reasonably necessary to the normal operation of public employment or public education.
(4) Nothing in this section shall be interpreted as invalidating any court order or consent decree that is in force as of the effective date of this section.
(5) For the purposes of this section, "state" shall include but not necessarily be limited to the state itself, any city, county, city and county, public university or community college, school district, special district, or any other political subdivision or governmental instrumentality of or within the state.
(6) The remedies available for violations of this section shall be the same, regardless of the injured party’s race, sex, color, ethnicity, or national origin, as are otherwise available for violations of this chapter; provided, however, that any remedies available for violations of this section regarding public contracts shall be determined as otherwise provided by state law.
(7) Nothing in this section shall be interpreted as prohibiting action that must be taken to establish or maintain eligibility for any federal program where ineligibility would result in a loss of federal funds to the state.
(8) If any part or parts of this section are found to be in conflict with the United States Constitution, the section shall be implemented to the maximum extent that the United States Constitution permits. Any provision held invalid shall be severable from the remaining portions of this section.
History:
[67-5909A, added 2020, ch. 331, sec. 1, p. 963.]