The Utah Antidiscrimination Act prohibits discrimination or retaliation in employment against any otherwise qualified person because of sex, pregnancy, childbirth, pregnancy-related condition, sexual orientation, or gender identity (UT Code Sec. 34A-5-106). To avoid claims of discrimination, an employer should ensure that its policies do not negatively affect applicants or employees on the basis of based on a protected characteristic.
The law applies to all public employers and private employers with 15 or more employees. It does not apply to a religious organization, corporation sole, association, society, or educational institution.
“Sexual orientation” defined. “Sexual orientation” means an individual’s actual or perceived orientation as heterosexual, homosexual, or bisexual.
“Gender identity” defined. “Gender identity” has the meaning provided in the Diagnostic and Statistical Manual (DSM-5). Under the law, a person’s gender identity can be shown by providing evidence, including medical history; care of treatment of the gender identity; consistent and uniform assertion of the gender identity; or other evidence that the gender identity is sincerely held, part of a person’s core identity, and not being asserted for an improper purpose.
“Otherwise qualified” defined. Individuals are considered otherwise qualified if they have the education, training, ability, moral character, integrity, disposition to work, adherence to reasonable rules and regulations, and other qualifications for the particular job.
Bona fide occupational qualification (BFOQ) exception. Differences in treatment are permissible where sex is a BFOQ reasonably necessary to the normal operation of the employer's business. The BFOQ ...