Utah Discrimination laws & HR compliance analysis

Utah Discrimination: What you need to know

The Utah Antidiscrimination Act prohibits discrimination in employment against any otherwise qualified person because of race, color, sex, pregnancy, childbirth, pregnancy-related condition, age (40 years or older), religion, national origin, disability, sexual orientation, or gender identity (UT Code Sec. 34A-5-101et seq.). The Act applies to all public employers and to private employers with 15 or more employees. It does not apply to a religious organization, corporation sole, association, society, or educational institution.
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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 Act, 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.
Under the Act, it is unlawful for an employer to:
• Refuse to hire or promote, discharge, demote, terminate, harass, or otherwise discriminate in the terms and conditions of employment based on a protected characteristic.
• Discriminate in matters of compensation by paying different wages or salaries to employees having substantially equal experience, responsibilities, and skill for the job in question.
• Print or circulate any statement, advertisement, or publication, use any form of application for employment or membership, or make any inquiry in connection with prospective ...

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