S.B. 133

1

AGE DISCRIMINATION IN EMPLOYMENT
2 2001 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Ed P. Mayne
5 This act modifies the Utah Antidiscrimination Act to clarify that a person employing eight
6 or more employees may not discriminate on the basis of age.
7 This act affects sections of Utah Code Annotated 1953 as follows:
8 AMENDS:
9 34A-5-102, as last amended by Chapter 161, Laws of Utah 1999
10 Be it enacted by the Legislature of the state of Utah:
11 Section 1. Section 34A-5-102 is amended to read:
12 34A-5-102. Definitions.
13 As used in this chapter:
14 (1) "Apprenticeship" means a program for the training of apprentices including a program
15 providing the training of those persons defined as apprentices by Section 35A-6-102 .
16 (2) "Bona fide occupational qualification" means a characteristic applying to an employee:
17 (a) that is necessary to the operation; or
18 (b) is the essence of the employee's employer's business.
19 (3) "Court" means:
20 (a) the district court in the judicial district of the state in which the asserted unfair
21 employment practice occurred; or
22 (b) if this court is not in session at that time, a judge of the court described in Subsection
23 (3)(a).
24 (4) "Director" means the director of the division.
25 (5) "Disability" means a physical or mental impairment that substantially limits one or
26 more of an individual's major life activities.
27 (6) "Division" means the Division of Antidiscrimination and Labor.

28 (7) "Employee" means any person applying with or employed by an employer.
29 (8) (a) "Employer" means:
30 (i) the state;
31 (ii) any political subdivision;
32 (iii) a board, commission, department, institution, school district, trust, or agent of the state
33 or [its] the state's political subdivisions; [or]
34 (iv) a person employing 15 or more employees within the state for each working day in
35 each of 20 calendar weeks or more in the current or preceding calendar year[.]; or
36 (v) for purposes of a claim of a discriminatory or prohibited employment action under this
37 chapter based on age, a person employing eight or more employees within the state for each
38 working day in each of 20 calendar weeks or more in the current or preceding calendar year.
39 (b) "Employer" does not include:
40 (i) a religious organization or association;
41 (ii) a religious corporation sole; or
42 (iii) any corporation or association constituting a wholly owned subsidiary or agency of
43 [any]:
44 (A) a religious organization or association; or
45 (B) a religious corporation sole.
46 (9) "Employment agency" means any person:
47 (a) undertaking to procure employees or opportunities to work for any other person; or
48 (b) holding itself out to be equipped to take an action described in Subsection (9)(a).
49 (10) "Joint apprenticeship committee" means any association of representatives of a labor
50 organization and an employer providing, coordinating, or controlling an apprentice training
51 program.
52 (11) "Labor organization" means any organization that exists for the purpose in whole or
53 in part of:
54 (a) collective bargaining;
55 (b) dealing with employers concerning grievances, terms or conditions of employment; or
56 (c) other mutual aid or protection in connection with employment.
57 (12) "National origin" means the place of birth, domicile, or residence of an individual or
58 of an individual's ancestors.

59 (13) "On-the-job-training" means any program designed to instruct a person who, while
60 learning the particular job for which the person is receiving instruction:
61 (a) is also employed at that job; or
62 (b) may be employed by the employer conducting the program during the course of the
63 program, or when the program is completed.
64 (14) "Person" means one or more:
65 (a) individuals[,];
66 (b) partnerships[,];
67 (c) associations[,];
68 (d) corporations[,];
69 (e) legal representatives[,];
70 (f) trusts or trustees[,];
71 (g) receivers[,];
72 (h) the state; and
73 (i) all political subdivisions and agencies of the state.
74 (15) "Presiding officer" means the same as that term is defined in Section 63-46b-2 .
75 (16) "Prohibited employment practice" means a practice specified as discriminatory, and
76 therefore unlawful, in Section 34A-5-106 .
77 (17) "Retaliate" means the taking of adverse action by an employer, employment agency,
78 labor organization, apprenticeship program, on-the-job training program, or vocational school
79 against one of its employees, applicants, or members because the employee, applicant, or member:
80 (a) has opposed any employment practice prohibited under this chapter; or
81 (b) filed charges, testified, assisted, or participated in any way in any proceeding,
82 investigation, or hearing under this chapter.
83 (18) "Vocational school" means any school or institution conducting a course of
84 instruction, training, or retraining to prepare individuals to follow an occupation or trade, or to
85 pursue a manual, technical, industrial, business, commercial, office, personal services, or other
86 nonprofessional occupations.

Legislative Review Note
as of 1-18-01 4:44 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel