(a) The general assembly finds that the state government is at its most effective when the employees of the state government are the most highly qualified candidates for employment with the state government and that hiring decisions should be based on merit rather than any other metric.
(b) This state shall not base an employment decision on any metric that considers an applicant's or employee's race, ethnicity, sex, age, or any other similar demographic characteristic, rather than on individual merit, qualifications, veteran status, or lawful eligibility criteria.
(c) (1) This section does not apply to an employment decision of this state, if the state submits notice in writing to the comptroller of the treasury that compliance with this section would result in a loss of federal funding, to the extent such an exemption for the employment decision is necessary to conform to federally awarded or amended contracts, subcontracts, or postsecondary grants as a condition to receipt of federal funds. The comptroller of the treasury shall create guidelines as to what information is required in the notice. The comptroller shall review a notice submitted by the state and, if the comptroller finds that compliance would result in the loss of federal funding, then the comptroller shall notify the state in writing of its exemption.(2) After one (1) calendar year from the date on which the comptroller exempts an employment decision by a public institution of higher education from this section, the state shall submit in writing to the comptroller to have the exemption renewed for an additional one-year period. The state shall notify the comptroller within fourteen (14) days if the conditions or justifications for the comptroller granting the exemption no longer exist.
(1) This section does not apply to an employment decision of this state, if the state submits notice in writing to the comptroller of the treasury that compliance with this section would result in a loss of federal funding, to the extent such an exemption for the employment decision is necessary to conform to federally awarded or amended contracts, subcontracts, or postsecondary grants as a condition to receipt of federal funds. The comptroller of the treasury shall create guidelines as to what information is required in the notice. The comptroller shall review a notice submitted by the state and, if the comptroller finds that compliance would result in the loss of federal funding, then the comptroller shall notify the state in writing of its exemption.
(2) After one (1) calendar year from the date on which the comptroller exempts an employment decision by a public institution of higher education from this section, the state shall submit in writing to the comptroller to have the exemption renewed for an additional one-year period. The state shall notify the comptroller within fourteen (14) days if the conditions or justifications for the comptroller granting the exemption no longer exist.
(d) For the purposes of this section, “employment decision”:(1) Means any action or determination relating to the hiring, firing, retention, promotion, demotion, discipline, evaluation, compensation, training, reassignment, or any other term, condition, or privilege of employment; and(2) Does not include actions required under applicable state or federal employment laws.
(1) Means any action or determination relating to the hiring, firing, retention, promotion, demotion, discipline, evaluation, compensation, training, reassignment, or any other term, condition, or privilege of employment; and
(2) Does not include actions required under applicable state or federal employment laws.