Mayor Ralph Becker of Salt Lake City signed an ordinance that makes it illegal to
The law prohibits discrimination in employment decisions including:
Terms of Employment
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 (more…)
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.