Utah Affirmative Action laws & HR compliance analysis

Utah Affirmative Action: What you need to know

Affirmative action laws require the employer to make proactive efforts to represent individuals from certain protected classes in the workplace at levels that reflect their numbers in the community. Affirmative action requirements are separate and distinct from nondiscrimination laws, which prohibit discriminatory acts against protected persons but do not mandate proactive steps in their favor. This section is limited to a discussion of affirmative action requirements. There is a full discussion of nondiscrimination laws. There is also more information on nondiscrimination laws.
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The Utah Anti-Discrimination Act prohibits discrimination in employment against any otherwise qualified person because of race, color, sex, pregnancy, childbirth, pregnancy-related conditions, age (if 40 or over), religion, national origin, or disability (UT Code Sec. 34A-5-106). The law covers private employers with 15 or more employees and all public employers regardless of size (UT Code Sec. 34A-5-102). The law has no specific provision that requires private employers to take affirmative action and expressly states that it does not require any employer to “grant preferential treatment to any individual or to any group because of the race, color, religion, sex, age, national origin, or disability of the individual or group on account of an imbalance which may exist with respect to the total number or percentage of [those] persons . . .” (UT Code Sec. 34A-5-106).
The executive director of the Department of Human Resource Management is responsible for preparing an equal employment opportunity (EEO) plan for state ...

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