labor lawAdivision of labor law center

There is no Utah law that prohibits discrimination based on sexual orientation or gender identity, but Salt Lake City recently passed such an ordinance.

 

The Salt Lake City Antidiscrimination law goes into effect on April 2, 2010.

 

Mayor Ralph Becker of Salt Lake City signed an ordinance that makes it illegal to

 

Under the law, an employer may not commit discrimination against employees or applicants based on the employee’s sexual orientation, including gay, lesbian, homosexual, heterosexual or bisexual.

 

The law prohibits discrimination in employment decisions including:

• Hiring
• Discharge
• Promotion
• Demotion
• Termination
• Compensation
• Terms of Employment
• Working Conditions 

The law also prohibits employers from harassing any employee based on his or her sexual orientation, and from retaliating against employees who file complaints.

 

All of the above protections also apply to gender identity, including male employees who self-identify as female and dress as women in the workplace.

 

The fine for violations is based upon company size. Employers with 51 or more workers face a fine of up to $1,000. Smaller employers can face fines up to $500. The law does not apply to religious organizations.

 

A similar law signed by the mayor at the same time prohibits discrimination in housing based on sexual orientation or gender identity.

 

Although Utah has a state-wide antidiscrimination law, it does not cover sexual orientation or gender identity. Under the Utah Antidiscrimination Act, employers must not discriminate based on race, color, sex, religion, national origin or disability. The law also prohibits employment discrimination based on pregnancy, childbirth and pregnancy-related conditions, and based on age for workers over 40. Employers with 15 or more workers are covered under the Utah discrimination law.

 

Currently the federal antidiscrimination law is similar to that in Utah. While ENDA,  a nationwide law to ban discrimination based on sexual orientation, has been discussed, it has not be passed in Congress.

 

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