Utah Sexual Harassment laws & HR compliance analysis

Utah Sexual Harassment: What you need to know

The Utah Antidiscrimination Act prohibits discrimination in employment against any otherwise qualified person because of sex, pregnancy, childbirth, pregnancy-related conditions, sexual orientation, or gender identity (UT Code Sec. 34A-5-101 et seq.). Sexual harassment is generally considered discrimination based on sex. The Act applies to all public employers and 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 law, 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.
“Sexual harassment” is defined in the state Labor Commission's regulations as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
• Submission to the conduct is made a term or condition of an individual's employment;
• Submission to or rejection of the conduct is used as the basis for an employment decision affecting the individual; or
• The conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating a hostile, intimidating, or offensive work ...

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