The Utah Anti-Discrimination Act prohibits employment practices that discriminate on the basis of sex, pregnancy, childbirth, or pregnancy-related medical conditions (UT Code Sec. 34A-5-106). As a general rule, this means that for all employment-related purposes, employers must treat pregnancy and related medical conditions the same as employees with temporary disabilities are treated. The law covers the state, political subdivisions, and any private employer with 15 or more employees within the state for each working day in each of 20 calendar weeks or more in the current or preceding calendar year (UT Code Sec. 34A-5-102 ).
Reasonable accommodation. Under the state antidiscrimination law, employers cannot refuse to provide a requested accommodation to an employee based on pregnancy, childbirth, breastfeeding, or any related condition, unless the requested accommodation would create an undue hardship to the employer. An “undue hardship” is defined as an action that requires significant difficulty or expense when considered in relation to factors such as the size of the entity, the entity’s financial resources, and the nature and structure of the entity’s operation.
An employer may require an employee to provide certification from the employee's healthcare provider concerning the medical advisability of a reasonable accommodation. Certification must include the date the reasonable accommodation becomes medically advisable, the probable duration of the reasonable accommodation, and an explanatory statement as to the medical advisability of the reasonable accommodation. An employer may not require an employee to obtain certification for more frequent restroom, food, or water breaks.
An employer is not ...