The Utah Antidiscrimination Act prohibits using any form of application that expresses any limitation, specification, or discrimination as to race, color, religion, sex, pregnancy (including childbirth and pregnancy-related conditions), national origin, age (40 years of age and over), disability, sexual orientation, or gender identity unless based on a bona fide occupational qualification (BFOQ) exception (UT Code Sec. 34A-5-106(1)(d)).
The Act covers all public employers and private employers with 15 or more employees (UT Code Sec. 34A-5-102). 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.
Retaliation prohibited. It is unlawful for an employer to discharge, expel, or otherwise discriminate against an employee or applicant because the person has opposed any unlawful discriminatory practice or has filed a charge, testified, assisted, or participated in any way in any proceeding, investigation, or hearing under the Act (UT Code Sec. 34A-5-106).