EMPLOYMENT LAW NEWS
Legislative Scoop: Key Potential Employment Laws from the 2026 General Election
By Grant Larson, Compliance Paralegal
Employment Law and Compliance
Published November 10, 2026
This month’s Legislative Scoop reviews three ballot measures from the Nov. 3 general election in Arizona, Maryland, and Vermont covering DEI hiring restrictions, state employee collective bargaining, and the right to unionize, two of which voters approved as constitutional amendments.
Each month, GovDocs’ Employment Law and Compliance Team provides the scoop on key employment laws making their way through the legislative process. This month, we are looking at ballot measures that voters decided in the Nov. 3 general election.
Key Takeaways: 2026 Employment Law Ballot Measure Results
✓ Three employment-related ballot measures appeared on the Nov. 3, 2026, general election ballot in Arizona, Maryland, and Vermont. Two passed and will amend their state constitutions.
✓ Arizona Proposition 142 (rejected): Voters rejected added constitutional restrictions on DEI hiring and employment practices. Public employers in Arizona remain subject to the state’s existing constitutional ban on preferential treatment.
✓ Maryland Question 1 (approved): Voters approved, about 75% to 25%, a constitutional change requiring the governor’s annual budget to fund state employees’ collective bargaining agreements, including wages, hours, and health benefits. It also creates a binding arbitration process for negotiation impasses.
✓ Vermont Proposal 3 (approved): Voters approved adding workers’ right to unionize and collectively bargain to the Vermont Constitution, effective Nov. 10, 2026.
Arizona Proposition 142: Voters Reject DEI Restrictions for Public Employers
On the Arizona ballot was Proposition 142, which passed the state legislature as House Concurrent Resolution 2044. This ballot initiative proposed amending the Arizona Constitution to make it illegal for the state to use affirmative action policies when it comes to hiring. It also would have amended Arizona’s Constitution to prevent the state from requiring a statement from employees stating that they support treating people differently based on their race or ethnicity and prohibits individuals from expressing race-based privileges. An exception would be made for university research, course instruction, or arrangements made by student bodies at state-funded universities.
While the Concurrent Resolution and Proposition are dense, the outcomes of the vote are straightforward: A “yes” vote would amend Arizona’s Constitution to prevent the state from engaging in diversity, equity, and inclusion (DEI) hiring and employment practices, while a “no” vote would allow the state to continue DEI practices. This ballot measure was rejected by voters in the Nov. 3, 2026, election, meaning public employers in Arizona remain subject to the state’s existing constitutional ban on preferential treatment, without the added DEI restrictions.
Maryland Question 1: Collective Bargaining Funding Added to State Constitution
The next ballot measure that will be examined is Maryland’s Question 1, which passed the state legislature earlier this year as HB604. This ballot measure focuses on labor relations and state budgeting by changing Maryland’s Constitution. The changes will require the governor to submit their proposed budget to the legislature with the funding needed to carry out state employees’ collective bargaining agreements, including those at higher education institutions. It will also require the budget to cover the wages, hours, and health benefits in those agreements, whether the state and its employees negotiated the terms or if an arbitrator sets them. There are also provisions to create a binding arbitration process for when negotiations between the state and its employees reach an impasse.
A “yes” vote would result in the governor’s budget including all the above yearly, while a “no” vote would keep the Maryland budgeting process the same. Maryland voters approved Question 1 by about 75% to 25%.
Vermont Proposal 3: Right to Unionize Becomes a Constitutional Right
The final ballot initiative that will be discussed is Vermont’s Proposal 3. This proposal was approved by the Vermont Legislature in 2024 and again in 2025 and would amend Article 23 of Vermont’s Constitution to make it a right for workers to unionize in Vermont. The proposal will prevent the state legislature from passing any laws or bills that would infringe an employee’s right to unionize and collectively bargain for wages, hours, and working conditions.
Vermont voters approved Proposal 3 on Nov. 3, meaning it will become part of the Vermont Constitution on Nov. 10, 2026.
Why Ballot Measures Matter for Employment Law
All three measures appeared on the Nov. 3 ballot. Two of them were approved and will become permanent changes to their respective states’ constitutions. While this is not the traditional pathway for a bill once it passes both chambers of a state legislature, it is another way for legislation to be enacted. As such, ballot measures of all types are something that GovDocs will continue to monitor.
To stay informed as these developments unfold, subscribe to GovDocs Employment Law News.
This Employment Law News blog is intended for market awareness only, it is not to be used for legal advice or counsel.
