Effective 5/10/2016 34A-5-102. Definitions — Unincorporated entities — Joint employers — Franchisors. (1) As used in this chapter: (a) “Affiliate” means the same as that term is defined in Section 16-6a-102. (b) “Apprenticeship” means a program for the training of apprentices including a program providing the training of those persons defined as apprentices by Section […]
Effective 5/8/2018 34A-5-102.5. Supremacy over local regulations — No special class created for other purposes. (1) This chapter supersedes and preempts any ordinance, regulation, standard, or other legal action by a local government entity, a state entity, or the governing body of a political subdivision that relates to the prohibition of discrimination in employment. (2) […]
Effective 5/12/2015 34A-5-102.7. Nonseverability. Laws of Utah 2015, Chapter 13, is the result of the Legislature’s balancing of competing interests. Accordingly, if any phrase, clause, sentence, provision, or subsection enacted or amended in this chapter by Laws of Utah 2015, Chapter 13, is held invalid in a final judgment by a court of last resort, […]
Effective 5/4/2022 34A-5-104. Powers. (1) (a) The commission has jurisdiction over the subject of employment practices and discrimination made unlawful by this chapter. (b) The commission may adopt, publish, amend, and rescind rules, consistent with, and for the enforcement of this chapter. (2) The division may: (a) appoint and prescribe the duties of an investigator, […]
Effective 5/10/2016 34A-5-106. Discriminatory or prohibited employment practices — Permitted practices. (1) It is a discriminatory or prohibited employment practice to take an action described in Subsections (1)(a) through (g). (a) (i) An employer may not refuse to hire, promote, discharge, demote, or terminate a person, or to retaliate against, harass, or discriminate in matters […]
Effective 5/8/2018 34A-5-107. Procedure for aggrieved person to file claim — Investigations — Adjudicative proceedings — Settlement — Reconsideration — Determination. (1) (a) A person claiming to be aggrieved by a discriminatory or prohibited employment practice may, or that person’s attorney or agent may, make, sign, and file with the division a request for agency […]
Effective 5/8/2018 34A-5-108. Judicial enforcement of division findings. (1) The commission or the attorney general at the request of the commission shall commence an action under Section 63G-4-501 for civil enforcement of a final order of the commission issued under Section 34A-5-107 if: (a) the order finds that there is reasonable cause to believe that […]
Effective 5/12/2015 34A-5-109. Application to employee dress and grooming standards. This chapter may not be interpreted to prohibit an employer from adopting reasonable dress and grooming standards not prohibited by other provisions of federal or state law, provided that the employer’s dress and grooming standards afford reasonable accommodations based on gender identity to all employees. […]
Effective 5/12/2015 34A-5-110. Application to sex-specific facilities. This chapter may not be interpreted to prohibit an employer from adopting reasonable rules and policies that designate sex-specific facilities, including restrooms, shower facilities, and dressing facilities, provided that the employer’s rules and policies adopted under this section afford reasonable accommodations based on gender identity to all employees. […]
Effective 5/12/2015 34A-5-111. Application to the freedom of expressive association and the free exercise of religion. This chapter may not be interpreted to infringe upon the freedom of expressive association or the free exercise of religion protected by the First Amendment of the United States Constitution and Article I, Sections 1, 4, and 15 of […]
Effective 5/12/2015 34A-5-112. Religious liberty protections — Expressing beliefs and commitments in workplace — Prohibition on employment actions against certain employee speech. (1) An employee may express the employee’s religious or moral beliefs and commitments in the workplace in a reasonable, non-disruptive, and non-harassing way on equal terms with similar types of expression of beliefs […]
