House of Representatives
State of Utah
UTAH STATE CAPITOL COMPLEX . 350 STATE CAPITOL
Figure
Graphic file number 0 named letter~1.jpg with height 78 p and width 81 p Left aligned
P.O. BOX 145030 . SALT LAKE CITY, UTAH 84114-5030 . (801) 538-1029
February 25, 2008
Mr. Speaker:
The Workforce Services and Community and Economic Development Committee reports a
favorable recommendation on 1st Sub. S.B. 166, NONDISCRIMINATION AMENDMENTS, by
Senator S. McCoy, with the following amendments:
1. Page
1, Lines 14 through 17
:
14
. includes military service as a prohibited basis for discrimination in employment
in a
15
manner consistent with the Utah Antidiscrimination Act;
16
. addresses preferences permitted by law
{
on the basis of
}
because of
military service; and
17
. makes technical and conforming amendments.
2. Page
3, Lines 71 through 75
Senate Committee Amendments
2-12-2008
:
71
[(9)] (10) "Employment agency" means [any] a person:
72
(a) undertaking to procure
{
[
}
employees or opportunities
{
]
}
{
an
employer or an opportunity
}
73
to work for
{
[
}
any other
{
]
}
{
another
}
person; or
74
(b) holding itself out to be equipped to take an action described in Subsection [(9)]
75
(10)(a).
3. Page
6, Line 176
:
176
(F) a joint apprenticeship committee;
{
and
}
or
4. Page
7, Lines 200 through 201
:
200
(ii) minimize or eliminate discrimination in employment
{
[
}
because
{
]
}
{
on the basis
}
of race,
201
color, sex, religion, national origin, age, [or] disability, or military service;
5. Page
7, Line 211 through Page 8, Line 213
:
211
(i) recommend [any] legislation concerning discrimination
{
[
}
because
{
]
}
{
on the basis
}
of
212
race, sex, color, national origin, religion, age, [or] disability, or military service to the
governor
213
that [it] the division considers necessary; and
6. Page
11, Lines 311 through 314
:
311
(a) (i) An employer may not refuse to hire, promote, discharge, demote, or terminate
312
[any] a person, or to retaliate against, harass, or discriminate in matters of compensation
or in
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[terms, privileges, and conditions] a term, privilege, or condition of employment against
[any]
314
a person otherwise qualified,
{
[
}
because
{
]
}
{
on the basis
}
of:
7. Page
12, Lines 345 through 348
:
345
(b) An employment agency may not:
346
(i) refuse to list and properly classify for employment, or refuse to refer an
individual
347
for employment, in a known available job for which the individual is otherwise qualified,
348
{
[
}
because
{
]
}
{
on the basis
}
of:
8. Page
13, Lines 376 through 378
:
376
representation[, because of:].
377
(ii) An action described in Subsection (1)(c)(i) is prohibited if it is taken
{
on the
basis
}
because
378
of:
9. Page
14, Lines 419 through 421
:
419
(A) deny to, or withhold from, [any] a qualified person, the right to be admitted to,
or
420
participate in [any] the apprenticeship training program, on-the-job-training program, or
other
421
occupational instruction, training or retraining program
{
[
}
because
{
]
}
{
on
the basis
}
of:
10. Page
15, Lines 431 through 432
:
431
(B) discriminate against or harass [any] a qualified person in that person's pursuit of
432
[programs] a program described in Subsection (1)(f)(i)(A)[, or to]
{
on the
basis
}
because
of:
11. Page
15, Lines 442 through 444
:
442
(C) discriminate against [such a person in the terms, conditions, or privileges of
443
programs] a qualified person in a term, condition, or privilege described in Subsection
444
(1)(f)(i)(A),
{
[
}
because
{
]
}
{
on the basis
}
of:
12. Page
15, Lines 458 through 459
:
458
indicating [any] a preference, limitation, specification, or discrimination
{
[
}
based
{
]
}
on
{
the basis
459
of
}
:
13. Page
16, Lines 471 through 472
:
471
(1)(f)(i)[(C)](D) may indicate a preference, limitation, specification, or discrimination
{
[
}
based
{
]
}
472
on
{
the basis of
}
:
14. Page
18, Lines 541 through 546
:
541
(d) (i) This chapter may not be interpreted to require [any] an employer,
employment
542
agency, labor organization, vocational school, joint labor-management committee, or
543
apprenticeship program subject to this chapter to grant preferential treatment
{
[
}
to
any individual
544
or to any group because
{
]
}
{
on the basis
}
of the race, color, religion, sex,
age, national origin, [or]
545
disability, or military service of [the] an individual or group on account of an imbalance
546
[which] that may exist:
15. Page
20, Lines 587 through 589
:
587
(7) It is not a discriminatory or prohibited practice to give a preference to an
individual
588
{
on the basis
}
because
of military service if that preference is given in
accordance with a federal, state, or
589
local law other than this chapter.
16. Page
21, Lines 642 through 644
:
642
(b) (i) Upon receipt of the investigator's report described in Subsection (5)(a), the
643
director or the director's designee may issue a determination and order
{
[
}
based
{
]
}
on
{
the basis of
}
644
the investigator's report.
17. Page
24, Lines 710 through 711
:
710
(15) The procedures contained in this section are the exclusive remedy under state
law
711
for employment discrimination
{
[
}
based upon
{
]
}
{
on the basis of
}
:
18. Page
24, Lines 722 through 723
:
722
(16) (a) The commencement of an action under federal law for relief
{
[
}
based
upon any
{
]
}
723
{
on the basis of an
}
act prohibited by this chapter bars the commencement or
continuation of
Respectfully,
Steven R. Mascaro
Committee Chair
Voting: 7-0-1
3 SB0166.HC1.wpd 2/25/08 8:38 am ahunsaker/ALH PO/AMN
Bill NumberAction Class
Action Code
*SB0166S01**H*
*HCRAMD*
SB0166S01H