34A-5-102. Definitions.
As used in this chapter:
(1) "Apprenticeship" means a program for the training of apprentices including a
program providing the training of those persons defined as apprentices by Section 35A-6-102.
(2) "Bona fide occupational qualification" means a characteristic applying to an
employee:
(a) that is necessary to the operation; or
(b) is the essence of the employee's employer's business.
(3) "Court" means:
(a) the district court in the judicial district of the state in which the asserted unfair
employment practice occurred; or
(b) if this court is not in session at that time, a judge of the court described in Subsection
(3)(a).
(4) "Director" means the director of the division.
(5) "Disability" means a physical or mental disability as defined and covered by the
Americans with Disabilities Act of 1990, 42 U.S.C. 12102.
(6) "Division" means the Division of Antidiscrimination and Labor.
(7) "Employee" means any person applying with or employed by an employer.
(8) (a) "Employer" means:
(i) the state;
(ii) any political subdivision;
(iii) a board, commission, department, institution, school district, trust, or agent of the
state or its political subdivisions; or
(iv) a person employing 15 or more employees within the state for each working day in
each of 20 calendar weeks or more in the current or preceding calendar year.
(b) "Employer" does not include:
(i) a religious organization or association;
(ii) a religious corporation sole; or
(iii) any corporation or association constituting a wholly owned subsidiary or agency of
any religious organization or association or religious corporation sole.
(9) "Employment agency" means any person:
(a) undertaking to procure employees or opportunities to work for any other person; or
(b) holding itself out to be equipped to take an action described in Subsection (9)(a).
(10) "Joint apprenticeship committee" means any association of representatives of a labor
organization and an employer providing, coordinating, or controlling an apprentice training
program.
(11) "Labor organization" means any organization that exists for the purpose in whole or
in part of:
(a) collective bargaining;
(b) dealing with employers concerning grievances, terms or conditions of employment;
or
(c) other mutual aid or protection in connection with employment.
(12) "National origin" means the place of birth, domicile, or residence of an individual or
of an individual's ancestors.
(13) "On-the-job-training" means any program designed to instruct a person who, while
learning the particular job for which the person is receiving instruction:
(a) is also employed at that job; or
(b) may be employed by the employer conducting the program during the course of the
program, or when the program is completed.
(14) "Person" means one or more individuals, partnerships, associations, corporations,
legal representatives, trusts or trustees, receivers, the state and all political subdivisions and
agencies of the state.
(15) "Presiding officer" means the same as that term is defined in Section 63G-4-103.
(16) "Prohibited employment practice" means a practice specified as discriminatory, and
therefore unlawful, in Section 34A-5-106.
(17) "Retaliate" means the taking of adverse action by an employer, employment agency,
labor organization, apprenticeship program, on-the-job training program, or vocational school
against one of its employees, applicants, or members because the employee, applicant, or
member:
(a) has opposed any employment practice prohibited under this chapter; or
(b) filed charges, testified, assisted, or participated in any way in any proceeding,
investigation, or hearing under this chapter.
(18) "Vocational school" means any school or institution conducting a course of
instruction, training, or retraining to prepare individuals to follow an occupation or trade, or to
pursue a manual, technical, industrial, business, commercial, office, personal services, or other
nonprofessional occupations.
Amended by Chapter 382, 2008 General Session
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Last revised: Wednesday, July 23, 2008