Utah (UT) Age Discrimination Law in the Workplace
August 28th, 2006 Posted by AshleyIn this western state, the Labor Commission’s Antidiscrimination and Labor Division oversees employment complaints and disputes and enforces the state’s wage laws. Workers are covered under the Antidiscrimination Act of 1965, which is part of the Utah state code. Therefore, if you are a worker in Utah, as in most states, you are protected by the federal laws administered by the Equal Employment Opportunity Commission (EEOC), as well.
Division investigators will attempt to mediate and resolve complaints before proceeding to the administrative hearing stage of a case, seeking voluntary compliance from employers and focusing on Alternative Dispute Resolution. The division also acts as a resource for both employers and employees concerning laws prohibiting discrimination in employment.
Keep in mind that you have 180 days to file with the state’s Antidiscrimination and Labor Division. Therefore, if more time has passed, you should contact the EEOC, which allows up to 300 days from the time of the alleged incident. Utah urges workers to include relevant information when filing a complaint, including any termination notices, letters of discipline, pay stubs, medical records, and other documents.
Federal rules cover employers with 20 or more workers, but if you are employed by a business that has between 15 and 20 employees, any filing would be done with the Utah Antidiscrimination and Labor Division. The state and the EEOC have a work-sharing agreement that allows the two government agencies to cooperate and cross-file complaint information.
As in most of the United States, it is not always necessary to hire an attorney immediately. In fact, some attorneys choose to file with the state agency because of the low cost and success rate. To resolve your case in Utah you may actually be required to sign a release form of legal claims. Just remember that a federal claim cannot be filed in court without first going through the EEOC.
You may be interested to know that, according to a report from the University of Utah, the state has the youngest statistical population in the country, with 32% of the population under 18 and only 8.5% at 65 or older. I found this report also noted that American business spent more than $200 million on age discrimination lawsuits in the years 1996 through 1998.
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