EEO - Discrimination: Utah
Federal law and guidance on this subject should be reviewed together with this section.
Author: Kass Harstad, Strindberg and Scholnick, LLC
- Utah's Antidiscrimination Act (UADA) prohibits discrimination on the basis of certain protected classes, including pregnancy, childbirth and pregnancy-related conditions. See Discrimination Under the Utah Antidiscrimination Act.
- Certain employers, such as religious organizations, are not covered under UADA, whereas others like labor organizations and employment agencies are covered employers. See Covered Employers.
- Utah not only prohibits discriminatory acts by an employer during employment, it also prohibits employers from advertising, interviewing or conducting training in a discriminatory manner. See Prohibited Practices.
- UADA also recognizes that it is not a discriminatory employment practice for an employer to hire employees on the basis of certain protected classes where the protected status is a bona fide occupational qualification (BFOQ) reasonably necessary to the normal operation of the employer's business. See Defenses.
- UADA has specific guidelines regarding mandatory retirement, but allows employers to observe certain seniority systems without breaking the law. See Age Discrimination.
- Utah employers should take steps to provide reasonable accommodations to employees and applicants. See Disability Discrimination.
- The Utah Antidiscrimination and Labor Division (UALD) of the Utah Labor Commission is responsible for enforcing the UADA. See Enforcement by Utah Antidiscrimination and Labor Division.
- An employee may not bring a claim of discrimination in court until and unless she has gone through the UALD, and the UALD has strict deadlines that an individual must meet before bringing a claim of discrimination. Additionally, the UALD attempts to mediate any claims of discrimination before it conducts any investigations into the claims. See Enforcement by Utah Antidiscrimination and Labor Division.
- Utah law has certain recordkeeping obligations that require employers to preserve employment records for six months or longer depending on the status of an employer's relationship with an employee. See Recordkeeping.