Utah Enhances Discrimination Protections to Cover LGBT Workers

Author: Marta Moakley, XpertHR Legal Editor

March 16, 2015

On March 12, Utah Governor Gary Herbert signed into law a bill that enhances discrimination protections for lesbian, gay, bisexual and transgender (LGBT) workers. Senate Bill 296, which amends the Utah Antidiscrimination Act and the Utah Fair Housing Act, evolved as a bipartisan measure supported by diverse stakeholders that seek to balance enhanced civil rights protections with respect for an employer's religious expression.

Covered employers include:

  • The state and its political subdivisions and subsidiaries;
  • Employers with 15 or more employees within the state on each working day in each of 20 calendar weeks or more in the current or preceding calendar year; and
  • Employment agencies.

The statute specifically excludes from the definition of covered employer:

  • Religious organizations, corporations, societies, educational institutions and leaders, as well as their affiliates; and
  • The Boy Scouts of America or its chapters, councils and subsidiaries.

The Church of Jesus Christ of Latter Day Saints issued a statement in support of what it termed a "historic accomplishment," remarking that the law "reflects the very best of collaboration and statesmanship from groups and individuals who may not always agree on all things but who have passed landmark legislation that balances religious freedom and antidiscrimination."

The Act specifically prohibits a covered employer from making employment decisions, such as hiring or firing decisions, based on an employee's actual or perceived sexual orientation or gender identity. However, an employer is free to make reasonable work rules addressing dress codes, grooming standards and sex-specific facilities (i.e., restrooms, showers or changing rooms), provided that reasonable accommodations based on gender identity are extended to all employees.

The law also addresses employee rights within and without the workplace. For example, an employee is protected when expressing religious views within the workplace as long as the views are expressed in a reasonable, nondisruptive manner that does not result in harassment. In addition, the law restricts employers from discriminating against an employee for the off-duty expression of political, personal or religious views. However, both protections would not apply if the "expression or expressive activity is in direct conflict with the essential business-related interests of the employer."

The act supersedes and preempts any municipal or local ordinances that concern the same legal issues. To date, a number of states and a growing number of municipalities have adopted similar measures. In addition, federal agencies and contractors have been bound to similar discrimination prohibitions.