Utah ( UT ) Employment Discrimination Law in the Workplace

August 25th, 2006 Posted by Karen

I have to say that Utah has not offered their worker’s much more protection from discrimination in the workplace than the federal government does. While many states have very comprehensive employment discrimination laws in the workplace, Utah’s statutes tend to fall more in line with several southern states that I have seen.

Utah’s employment discrimination laws in the workforce make it illegal to discriminate on the basis of age, color, disability, gender, national origin, pregnancy (includes childbirth and pregnancy-related conditions), race, or religion. These statues also make smaller businesses (15 or more employees) accountable in age discrimination cases. The federal government only holds businesses with 20 or more employees accountable in age discrimination.

Claims in Utah can be filed with one of two agencies: the state agency, the Utah Antidiscrimination and Labor Division (UALD) of the Utah Labor Commissioner’s Office, or the federal agency, the Equal Employment Opportunity Commission (EEOC). These agencies will work together to resolve you claim as long as you file in one agency and request that your claim be cross-filed with the other. The EEOC can be contacted at (602) 640-5000
TTY: (602) 640-5072, and the UALD can be contacted at (800) 222-1238
TDD: (801) 530-7685.

Claims through the UALD must be filed within 180 days of the date of the discriminatory act while you have 300 days of this act to file with the EEOC. Because of the difference in deadlines it is best to first file through the UALD and then have them cross-file your claim with the EEOC. File early to avoid delays due to legalities in the filing process as these delays can push your past the deadline. Retaining an attorney is a big help, but is not required.

If your claim is not resolved by these agencies, you may need to pursue it in court. Utah does not allow you to file claims in state courts, but the federal statutes allow for you to file your case in a federal court as long as you file through the EEOC and have your case released by this agency. When the EEOC releases your claim they will issue one of two documents: “Dismissal and Notice of Rights,” or “Right to Sue.” A claim filed in federal court must be filed within 90 days of receiving either of the above documents.

While Utah does provide some protection from discrimination and their state-supported agency to handle discrimination claims to be very quick and efficient at resolution (the UALD has a high success rate), they do not allow for discrimination victims to pursue claims in court under state laws.

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Posted in Discrimination, Employment Laws, Hostile Environment, Utah

  1. Posted by: Brian Marcille

    I was fired from [employer name deleted] on April 22nd. After 18 years of employement. Just recently I was offered a salary position. Did not accept . Then I was fired for time card discrepency . I have been very vocal about the safety concerns and operation practices.They could fire anyone on any day for the same thing for it has been normal practice for years. They fired me because of my safety concerns. Let me know what you think. I am in the process of a grivence over the mater. Thanks

    Brian Marcille

  2. Posted by: Amelia

    Hi Brian! It sounds like you work with a union, and they are handling the grievance for you. That’s an excellent idea.
    If they fired you for something that is common practice among many employees, that is not far. It may also be illegal discrimination if based on race, color, sex, etc. if employees in other groups are treated differently (not fired.) If you are between 40 and 70, it could be age discrimination to fire you but not younger employees.
    You may also want to contact the U.S. Department of Labor about coverage under the federal “whistleblower” law, which protects employees who draw the employers attention to worker safety violations, or to violations of federal or state laws. Ironically, if you had reported the violations to OSHA or another agency, you would have a stronger case. HTH, and thanks for reading the blogs!~ Amelia

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