The Utah Antidiscrimination Act prohibits discrimination against otherwise qualified individuals based on race, color, sex (including pregnancy, childbirth and related conditions), age (40 years and older), religion, national origin, disability, sexual orientation, or gender identity, unless there is bona fide occupational qualification (BFOQ), i.e., is necessary in order to perform the job in question. The Act states that an individual is “otherwise qualified” and, therefore, may not be discriminated against on the basis of a protected characteristic if he or she possesses the education, training, ability, moral character, integrity, work disposition, and other job-related qualifications that are required by the position and employer.
Note: There is no BFOQ exception for race or color.
In addition, employers may not print or circulate any job notice or advertisement, use any form of employment application, or make any preemployment inquiry indicating a discriminatory limitation or specification unless the limitation or specification is based on a BFOQ or is required by a government agency for security reasons.
The Act covers all public employers and private employers that have employed 15 or more employees during each working day for 20 or more calendar workweeks in the current or prior year (UT Code Sec. 34A-5-101 et seq.). The Utah State Personnel Management Act applies the Antidiscrimination Act's employment discrimination provisions to the state, its officers, and its employees (UT Code Sec. 67-19-1 et seq.).
Apprenticeship and training programs. The Act also prohibits employment discrimination in admission to any apprenticeship training program, on-the-job training program, or other occupational ...