Utah Age Discrimination laws & HR compliance analysis

Utah Age Discrimination: What you need to know

The Utah Antidiscrimination Act prohibits age discrimination in employment against any otherwise qualified individual who is 40 years of age or older (UT Code Sec. 34A-5-101et seq.). The law applies to all public employers and private employers with 15 or more employees.
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Definition of “otherwise qualified.” Individuals are considered otherwise qualified if they have the education, training, ability, moral character, integrity, disposition to work, willingness to adhere to reasonable rules and regulations, and other qualifications for the particular job.
Under the Act, it is discriminatory for an employer to:
• Refuse to hire, promote, or discharge, demote, or terminate any person because of age.
• Retaliate against, harass, or discriminate in matters of compensation or in terms, privileges, and conditions of employment because of age.
• Print, circulate any statement, advertisement, or publication or use any form of application for employment that expresses any limitation as to age, unless based upon a bona fide occupational qualification (BFOQ).
• Make any inquiry in connection with prospective employment that expresses any limitation, specification, or discrimination as to age, unless based on a BFOQ.
• Aid, incite, compel, or coerce the doing of a discriminatory act or obstruct or prevent any person from complying with the Act.
• Attempt, directly or indirectly, to commit an unlawful discriminatory act.
• Deny or withhold any qualified person from admission or participation in any apprenticeship training program, on-the-job-training program, or other occupational instruction, training, or retraining program because of age; or discriminate against or harass any qualified person pursuing such a program.

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