Over the weekend the Legislature voted to adopt Initiative 1000 (I-1000), concerning affirmative action.

In 1998, voters approved Initiative 200 (I-200) restricting the use of affirmative action. I-200 prohibited state and local governments from granting preferential treatment to an individual or group based on race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.

State and local governments will now be allowed to implement affirmative action laws, regulations, policies or procedures to encourage diversity in public employment, higher education and contracting. However, public employers will be prohibited from setting policies that:

• Use quotas;
• Set policies that constitute preferential treatment; or
• Are in violation of a state or federal statute, final regulation, or court order.

The passage of I-1000 also expands the prohibition on discrimination and preferential treatment to cover age; sexual orientation; the presence of any sensory, mental, or physical disability; and honorably discharged veteran or military status.