Utah Religious Discrimination laws & HR compliance analysis

Utah Religious Discrimination: What you need to know

The Utah Antidiscrimination Act prohibits discrimination in employment against any otherwise qualified person on the basis of religion (UT Code Sec. 34A-5-101 et seq.). The Act applies to public employers and private employers with 15 or more employees. Under the Act, it is discriminatory for an employer to:
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• Refuse to hire or promote or to discharge, demote, or terminate any person because of religion.
• Retaliate against, harass, or discriminate in matters of compensation or in terms, privileges, and conditions of employment because of religion.
• Print or circulate any statement, advertisement, or publication or to use any form of application for employment that expresses any limitation as to religion, unless based on a bona fide occupational qualification (BFOQ).
• Make any inquiry in connection with prospective employment that expresses any limitation, specification, or discrimination as to religion, unless based on a BFOQ.
• Aid, incite, compel, or coerce the doing of a discriminatory act or to obstruct or prevent any person from complying with the Act.
• Attempt, either directly or indirectly, to commit any 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 religion.
• Discriminate against or harass any qualified person pursuing a training program because of religion.
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 ...

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