labor lawAdivision of labor law center

In 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.

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.

Like the Federal Title VII law that prohibits sexual discrimination in the workplace, Utah sexual discrimination law in the workplace applies to employers with fifteen or more employees. This law is defined in the Utah Antidiscrimination Act of 1965 and includes labor organizations, employment agencies and apprentice programs under the definition of “employer” as well.

Also defined by this state law is the employee. Employees are any people “applying with or employed by an employer”.

Under the Utah Antidiscrimination Act employers cannot make decisions about hiring, firing, promoting, demoting based on an employees sex. Employers also cannot discriminate based on sex in terms of compensation and conditions of employment. Also included in this act are discriminatory acts against women because of “pregnancy, childbirth and pregnancy-related conditions”.

If you feel you have a valid complaint against your employer you can file the complaint with the Utah Antidiscrimination and Labor Division within 180 days of the alleged discriminatory act. Filing consists of meeting with an intake officer or filling out a complaint form. Then, you will be asked to sign and have notarized an official charge of discrimination.

From there, the Division will send a letter and a copy of the complaint to your employer and will also give him or her an opportunity to respond to the complaint. After that, you and your employer will attend a Resolution Conference to try to resolve the complaint.

If you are unable to reach a resolution, an investigator will then collect information relevant to your claim and make a determination as to whether there is reasonable cause to believe your rights have been violated. If there is reasonable cause, you and your employer will enter a settlement phase. If this is still unsuccessful, you can request a hearing with an Administrative Law Judge.

If you decide to forgo the investigation with the Utah Antidiscrimination and Labor Division, you can file with the EEOC and request a “Right to Sue” letter which will give you the opportunity to file your case in the federal court system. In Utah, you cannot file this type of claim in state court, so if you don’t want to go through the federal courts, you’ll need to go through the Division.

Employers and employees need to know their rights and responsibilities when it comes to the workplace. Employers should always keep posted an up-to-date Utah Complete Labor Law poster in the workplace.