The Utah Antidiscrimination Act prohibits discrimination in employment against any otherwise qualified person because of a disability (UT Code Sec. 34A-5-106). The law applies to all public employers and private employers with 15 or more employees, including employment agencies and labor unions.
Disability. “Disability” is defined as any physical or mental disability as that term is defined under the federal Americans with Disabilities Act (ADA). The ADA defines a disability as:
• A physical or mental impairment that substantially limits one or more major life activities
• A record of such a disability, or
• Being regarded as having an impairment.
Amendments to the ADA that became effective January 1, 2009, broadened the interpretation of the term "disability" and expressly changed the definition of a "regarded as" disability. The ADA covers employers with 15 or more employees.
Otherwise qualified individual. An applicant or employee is an “otherwise qualified individual” if he or she possesses the education, training, ability (with or without reasonable accommodation), moral character, integrity, disposition to work, adherence to reasonable rules and regulations, and other job-related qualifications required by an employer for any particular job.
Like the ADA, the Utah law prohibits employers from basing a decision regarding recruitment, hiring, discharge, promotion, advancement, or the other terms and conditions of employment on the knowledge or perception that a person who is otherwise qualified to perform the job has a disability. The law also prohibits the use of advertisements that restrict the access of applicants with disabilities to the application process, and requires that employers offer ...