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First Substitute S.B. 166
7 LONG TITLE
8 General Description:
9 This bill modifies the Utah Antidiscrimination Act.
10 Highlighted Provisions:
11 This bill:
12 . defines "military service";
13 . modifies the definition of "employer";
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 military service; and
17 . makes technical and conforming amendments.
18 Monies Appropriated in this Bill:
20 Other Special Clauses:
22 Utah Code Sections Affected:
24 34A-5-102, as last amended by Laws of Utah 2001, Chapter 73
25 34A-5-104, as last amended by Laws of Utah 1999, Chapter 161
26 34A-5-105, as last amended by Laws of Utah 2003, Chapter 65
27 34A-5-106, as last amended by Laws of Utah 2003, Chapter 65
28 34A-5-107, as last amended by Laws of Utah 2003, Chapter 65
29 67-19-6.3, as last amended by Laws of Utah 2006, Chapter 139
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 34A-5-102 is amended to read:
33 34A-5-102. Definitions.
34 As used in this chapter:
35 (1) "Apprenticeship" means a program for the training of [
36 including a program providing the training of [
37 an apprentice by Section 35A-6-102 .
38 (2) "Bona fide occupational qualification" means a characteristic applying to an
40 (a) that is necessary to the operation of the employee's employer's business; or
41 (b) is the essence of the employee's employer's business.
42 (3) "Court" means:
43 (a) the district court in the judicial district of the state in which the asserted unfair
44 employment practice [
45 (b) if [
47 Subsection (3)(a).
48 (4) "Director" means the director of the division.
49 (5) "Disability" means a physical or mental disability as defined and covered by the
50 Americans with Disabilities Act of 1990, 42 U.S.C. 12102.
51 (6) "Discriminate in matters of compensation" means the payment of differing wages
52 or salaries to employees having substantially equal experience, responsibilities, and skill for a
53 particular job.
57 (i) the state;
58 (ii) [
59 (iii) a board, commission, department, institution, school district, trust, or agent of:
60 (A) the state; or [
61 (B) a political [
62 (iv) a person employing [
63 day in each of 20 calendar weeks or more in the current or preceding calendar year.
64 (b) "Employer" does not include:
65 (i) a religious organization or association;
66 (ii) a religious corporation sole; or
67 (iii) [
68 agency of [
69 (A) a religious organization or association; or
70 (B) a religious corporation sole.
72 (a) undertaking to procure [
73 to work for [
74 (b) holding itself out to be equipped to take an action described in Subsection [
77 following that provides, coordinates, or controls an apprentice training program:
78 (a) representatives of a labor organization; and
79 (b) an employer [
82 purpose in whole or in part of:
83 (a) collective bargaining;
84 (b) dealing with [
85 (i) grievances[
86 (ii) terms or conditions of employment; or
87 (c) other mutual aid or protection in connection with employment.
89 individual or of an individual's ancestors.
90 (14) "Military service" means an individual who:
91 (a) serves or served on active duty in the armed forces of the state or the United States
92 for at least 180 consecutive days;
93 (b) is a member of a reserve component;
94 (c) (i) was a member of a reserve component of the armed forces of the state or the
95 United States; and
96 (ii) separated or retired under honorable conditions;
97 (d) incurs an actual service-related injury or disability in the line of duty in the armed
98 forces of the state or the United States whether or not that person completes 180 days of active
99 duty; or
100 (e) is committed to:
101 (i) serve on active duty in the armed forces for at least 180 consecutive days; or
102 (ii) be a member of a reserve component of the armed forces of the state or the United
105 person who, while learning the particular job for which the person is receiving instruction:
106 (a) is also employed at that job; or
107 (b) may be employed by the employer conducting the program:
108 (i) during the course of the program[
109 (ii) when the program is completed.
113 (a) an individual;
114 (b) a partnership;
115 (c) an association;
116 (d) a corporation;
117 (e) a legal representative;
118 (f) a trust or trustee;
119 (g) a receiver;
120 (h) the state;
121 (i) a political subdivision; and
122 (j) an agency of the state.
124 63-46b-2 .
126 discriminatory, and therefore unlawful, in Section 34A-5-106 .
127 (19) "Religious educational institution" means a school, college, university, or other
128 educational institution that:
129 (a) is, in whole or in substantial part, owned, supported, controlled, or managed by a
130 particular religious corporation, association, or society; or
131 (b) has a curriculum that is directed toward the propagation of a particular religion.
133 (a) by:
134 (i) an employer[
135 (ii) an employment agency[
136 (iii) a labor organization[
137 (iv) an apprenticeship program[
138 (v) an on-the-job training program[
139 (vi) a vocational school [
140 (b) against an employee, applicant, or member of a person described in Subsection
141 (20)(a); and
142 (c) because the employee, applicant, or member described in Subsection (20)(b):
144 chapter; or
146 (ii) files charges, testifies, assists, or participates in any way in [
147 investigation, or hearing under this chapter.
149 of instruction, training, or retraining to prepare [
150 (a) follow an occupation or trade[
151 (b) pursue a manual, technical, industrial, business, commercial, office, personal
152 services, or other nonprofessional [
153 Section 2. Section 34A-5-104 is amended to read:
154 34A-5-104. Powers.
155 (1) (a) The commission has jurisdiction over the subject of employment practices and
156 discrimination made unlawful by this chapter.
157 (b) The commission may adopt, publish, amend, and rescind rules, consistent with, and
158 for the enforcement of this chapter.
159 (2) The division may:
160 (a) appoint and prescribe the duties of [
162 enforcement of this chapter;
163 (b) receive, reject, investigate, and pass upon [
164 (i) discrimination in:
165 (A) employment;
166 (B) an apprenticeship [
167 (C) an on-the-job training [
168 (D) a vocational [
169 (ii) the existence of a discriminatory or prohibited employment practice by:
170 (A) a person;
171 (B) an employer;
172 (C) an employment agency;
173 (D) a labor organization;
174 (E) [
175 labor organization;
176 (F) a joint apprenticeship committee; and
177 (G) a vocational school;
178 (c) investigate and study the existence, character, causes, and extent of discrimination
179 in employment, an apprenticeship [
180 program, or a vocational [
181 (i) employers;
182 (ii) employment agencies;
183 (iii) labor organizations;
184 (iv) joint apprenticeship committees; and
185 (v) vocational schools;
186 (d) formulate one or more plans for the elimination of discrimination by educational or
187 other means;
188 (e) hold [
189 (i) a person;
190 (ii) an employer;
191 (iii) an employment agency;
192 (iv) a labor organization;
193 (v) [
194 labor organization;
195 (vi) a joint apprenticeship committee; or
196 (vii) a vocational school;
197 (f) issue one or more publications [
198 (i) promote good will among the various racial, religious, and ethnic groups of the
199 state; and
200 (ii) minimize or eliminate discrimination in employment [
201 color, sex, religion, national origin, age, [
202 (g) prepare and transmit to the governor, at least once each year, [
204 (i) [
205 (ii) the outcome of [
206 (iii) decisions the division [
207 (iv) the other work performed by the division;
208 (h) recommend one or more policies to the governor, and submit [
209 one or more recommendations to employers, employment agencies, and labor organizations to
210 implement those policies;
211 (i) recommend [
212 race, sex, color, national origin, religion, age, [
213 that [
214 (j) within the limits of [
215 cooperate with other agencies or organizations, both public and private, in the planning and
216 conducting of educational programs designed to eliminate discriminatory practices prohibited
217 under this chapter.
218 (3) The division shall investigate an alleged discriminatory [
219 involving [
220 so by the Career Service Review Board.
221 (4) (a) In [
222 (i) subpoena [
224 (ii) administer [
225 (iii) compel [
226 paper, or other information relating to the matters raised by the complaint.
227 (b) The division director or a hearing examiner appointed by the division director may
228 conduct [
229 (c) If a witness fails or refuses to obey a subpoena issued by the division, the division
230 may petition the district court to enforce the subpoena.
231 (d) [
232 and evidence from the witness may be compelled pursuant to Title 77, Chapter 22b, Grants of
234 Section 3. Section 34A-5-105 is amended to read:
235 34A-5-105. Antidiscrimination and Labor Advisory Council -- Membership --
236 Appointment -- Term -- Powers and duties -- Chair.
237 (1) There is created in the commission an Antidiscrimination and Labor Advisory
238 Council consisting of:
239 (a) 13 voting members appointed by the commissioner as follows:
240 (i) three employer representatives;
241 (ii) three employee representatives;
242 (iii) two representatives of persons who seek to rent or purchase dwellings as defined
243 in Section 57-21-2 ;
244 (iv) two representatives of persons who:
245 (A) sell or rent dwellings; and
246 (B) are subject to Title 57, Chapter 21, Utah Fair Housing Act; and
247 (v) three representatives of the general public; and
248 (b) the commissioner or the commissioner's designee as a nonvoting member of the
250 (2) In making [
251 commissioner shall consider representation of the following [
252 (a) race;
253 (b) color;
254 (c) national origin;
255 (d) [
256 (e) religion;
257 (f) age;
258 (g) persons with disabilities;
259 (h) familial status as defined in Section 57-21-2 ; [
260 (i) source of income as defined in Section 57-21-2 [
261 (j) military service.
262 (3) The division shall provide [
263 (4) (a) Except as required by Subsection (4)(b), as [
265 member or reappointed member to a four-year term.
266 (b) Notwithstanding the requirements of Subsection (4)(a), the commissioner shall, at
267 the time of appointment or reappointment, adjust the length of terms to ensure that the terms of
268 council members are staggered so that approximately half of the council is appointed every two
270 (5) (a) When a vacancy occurs in the membership for any reason, the commissioner
271 shall appoint a replacement [
272 (b) The commissioner shall terminate the term of a council member who ceases to be
273 representative as designated by the original appointment.
274 (6) (a) (i) [
275 employee may not receive [
276 may receive per diem and expenses incurred in the performance of the member's official duties
277 at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
278 (ii) [
279 per diem and expenses for [
280 (b) (i) [
281 employee member who does not receive salary, per diem, or expenses from [
282 member's agency for [
283 in the performance of [
284 established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
285 (ii) [
286 decline to receive per diem and expenses for [
287 (7) (a) The advisory council shall:
288 (i) offer advice on issues requested by:
289 (A) the commission;
290 (B) the division; or
291 (C) the Legislature; and
292 (ii) make recommendations to the commission and division regarding issues related to:
293 (A) employment discrimination;
294 (B) housing discrimination; and
295 (C) the administration by the commission of:
296 (I) the provisions of Title 34, Labor in General, that are administered by the
298 (II) [
299 (III) Title 57, Chapter 21, Utah Fair Housing Act.
300 (b) The council shall [
301 commission, division, and the Legislature regarding issues described in Subsection (7)(a).
302 (8) (a) The commissioner or the commissioner's designee shall serve as chair of the
304 (b) The chair [
305 call a necessary meeting.
306 Section 4. Section 34A-5-106 is amended to read:
307 34A-5-106. Discriminatory or prohibited employment practices -- Permitted
309 (1) It is a discriminatory or prohibited employment practice to take [
310 described in Subsections (1)(a) through (f).
311 (a) (i) An employer may not refuse to hire, promote, discharge, demote, or terminate
314 a person otherwise qualified, [
315 (A) race;
316 (B) color;
317 (C) sex;
318 (D) pregnancy, childbirth, or pregnancy-related conditions;
319 (E) age, if the individual is 40 years of age or older;
320 (F) religion;
321 (G) national origin; [
322 (H) disability[
323 (I) military service.
324 (ii) A person may not be considered "otherwise qualified," unless that person possesses
325 the following required by an employer for [
326 (A) education;
327 (B) training;
328 (C) ability, with or without reasonable accommodation;
329 (D) moral character;
330 (E) integrity;
331 (F) disposition to work;
332 (G) adherence to reasonable rules and regulations; and
333 (H) other job related qualifications required by an employer.
338 (I) nothing in this chapter prevents [
339 longevity with the employer, if the salary [
340 available to all employees on a substantially proportional basis; and
341 (II) nothing in this section prohibits an employer and employee from agreeing to a rate
342 of pay or work schedule designed to protect the employee from loss of a Social Security
343 payment or [
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,
349 (A) race;
350 (B) color;
351 (C) sex;
352 (D) pregnancy, childbirth, or pregnancy-related conditions;
353 (E) religion;
354 (F) national origin;
355 (G) age, if the individual is 40 years of age or older; [
356 (H) disability; or
357 (I) military service; or
358 (ii) comply with a request from an employer for referral of [
359 employment if the request indicates either directly or indirectly that the employer discriminates
360 in employment on account of:
361 (A) race;
362 (B) color;
363 (C) sex;
364 (D) pregnancy, childbirth, or pregnancy-related conditions;
365 (E) religion;
366 (F) national origin;
367 (G) age, if the individual is 40 years of age or older; [
368 (H) disability[
369 (I) military service.
370 (c) (i) A labor organization may not for a reason listed in Subsection (1)(c)(ii):
371 (A) exclude [
372 labor organization[
373 (B) expel [
374 (C) otherwise discriminate against or harass [
377 (ii) An action described in Subsection (1)(c)(i) is prohibited if it is taken on the basis
380 (B) color;
387 (I) military service.
388 (d) Unless based upon a bona fide occupational qualification, or required by and given
389 to an agency of government for a security [
390 or labor organization may not print, [
391 statement, advertisement, or publication, use [
392 membership, or make [
393 membership that expresses, either directly or indirectly:
394 (i) [
395 (A) race;
396 (B) color;
397 (C) religion;
398 (D) sex;
399 (E) pregnancy, childbirth, or pregnancy-related conditions;
400 (F) national origin;
401 (G) age, if the individual is 40 years of age or older; [
402 (H) disability; or
403 (I) military service; or
404 (ii) the intent to make [
405 Subsection (1)(d)(i).
406 (e) A person, whether or not an employer, an employment agency, a labor organization,
407 or [
408 or labor organization, may not:
409 (i) aid, incite, compel, or coerce the doing of an act defined in this section to be a
410 discriminatory or prohibited employment practice;
411 (ii) obstruct or prevent [
412 order issued under this chapter; or
413 (iii) attempt, either directly or indirectly, to commit [
415 (f) (i) An employer, labor organization, joint apprenticeship committee, or vocational
416 school, providing, coordinating, or controlling an apprenticeship [
417 providing, coordinating, or controlling an on-the-job-training [
418 training, or retraining [
419 (A) deny to, or withhold from, [
420 participate in [
421 occupational instruction, training or retraining program [
422 (I) race;
423 (II) color;
424 (III) sex;
425 (IV) pregnancy, childbirth, or pregnancy-related conditions;
426 (V) religion;
427 (VI) national origin;
428 (VII) age, if the individual is 40 years of age or older; [
429 (VIII) disability; or
430 (IX) military service;
431 (B) discriminate against or harass [
433 (I) race;
434 (II) color;
435 (III) sex;
436 (IV) pregnancy, childbirth, or pregnancy-related conditions;
437 (V) religion;
438 (VI) national origin;
439 (VII) age, if the individual is 40 years of age or older;
440 (VIII) disability; or
441 (IX) military service;
442 (C) discriminate against [
444 (1)(f)(i)(A), [
445 (I) race;
446 (II) color;
447 (III) sex;
448 (IV) pregnancy, childbirth, or pregnancy-related conditions;
449 (V) religion;
450 (VI) national origin;
451 (VII) age, if the individual is 40 years of age or older; [
452 (VIII) disability; or
453 (IX) military service;
455 printed or published, [
456 or membership in or [
457 or relating to [
458 indicating [
460 (I) race;
461 (II) color;
462 (III) sex;
463 (IV) pregnancy, childbirth, or pregnancy-related conditions;
464 (V) religion;
465 (VI) national origin;
466 (VII) age, if the individual is 40 years of age or older; [
467 (VIII) disability[
468 (IX) military service.
469 (ii) Notwithstanding Subsection (1)(f)(i)[
470 occupational qualification for employment, a notice or advertisement described in Subsection
472 on the basis of:
473 (A) race;
474 (B) color;
475 (C) religion;
476 (D) sex;
477 (E) pregnancy, childbirth, or pregnancy-related conditions;
478 (F) age;
479 (G) national origin; [
480 (H) disability[
481 (I) military service.
482 (2) [
483 construed to prevent:
484 (a) the termination of employment of an individual who, with or without reasonable
485 accommodation, is physically, mentally, or emotionally unable to perform the duties required
486 by that individual's employment;
487 (b) the variance of an insurance [
488 (c) a restriction on the activities of [
491 (3) (a) It is not a discriminatory or prohibited employment practice:
492 (i) to do the following on the basis of religion, sex, pregnancy, childbirth,
493 pregnancy-related conditions, age, national origin, disability, or military service if the
494 conditions of Subsection (3)(b) are met:
496 (B) for an employment agency to classify or refer for employment [
498 (C) for a labor organization to classify its membership or to classify or refer for
499 employment [
500 (D) for an employer, labor organization, or joint labor-management committee
501 controlling apprenticeship or other training or retraining [
502 employ [
508 (ii) for a [
509 and employ [
515 (iii) for an employer to give preference in employment to:
516 (A) the employer's:
517 (I) spouse;
518 (II) child; or
519 (III) son-in-law or daughter-in-law;
520 (B) [
521 support if [
522 (C) [
524 the employer was or is legally obligated to furnish support; or
525 (D) [
526 employer for a period of two years or more.
528 (b) An action described in Subsection (3)(a)(i) is not a discriminatory or prohibited
529 employment practice if:
530 (i) religion, sex, pregnancy, childbirth, a pregnancy-related condition, national origin,
531 disability, or military service is a bona fide occupational qualification reasonably necessary to
532 the normal operation of that particular business or enterprise; or
533 (ii) (A) the individual is 40 years of age or older; and
534 (B) age is a bona fide occupational qualification reasonably necessary to the normal
535 operation of that particular business or enterprise.
536 (c) This chapter does not apply to a business or enterprise on or near an Indian
537 reservation with respect to [
538 enterprise under which preferential treatment is given to [
539 individual is a native American Indian living on or near an Indian reservation.
541 (d) (i) This chapter may not be interpreted to require [
542 agency, labor organization, vocational school, joint labor-management committee, or
543 apprenticeship program subject to this chapter to grant preferential treatment [
545 disability, or military service of [
547 (A) with respect to the total number or percentage of persons of [
548 religion, sex, age, national origin, or disability; and
549 (B) in comparison with the total number or percentage of persons of that race, color,
550 religion, sex, age, national origin, or disability in any community or county or in the available
551 work force in a community or county.
552 (ii) This Subsection (3)(d) applies to an individual or group:
553 (A) employed by [
554 (B) referred or classified for employment by an employment agency or labor
556 (C) admitted to membership or classified by [
557 (D) admitted to or employed in, [
561 (4) It is not a discriminatory or prohibited practice with respect to age to observe the
562 terms of a bona fide seniority system or [
563 retirement, pension, or insurance plan that is not a subterfuge to evade the purposes of this
564 chapter, except that [
565 hire an individual.
566 (5) Notwithstanding Subsection (4), or [
567 the contrary, a person may not be subject to involuntary termination or retirement from
568 employment on the basis of age alone, if the individual is 40 years of age or older, except:
569 (a) under Subsection (6);
570 (b) under Section 67-5-8 ; and
571 (c) when age is a bona fide occupational qualification.
572 (6) [
573 prohibits compulsory retirement of an employee who [
574 (i) attains at least 65 years of age[
575 (ii) for the two-year period immediately before retirement, is employed in a bona fide
576 executive or a high policymaking position[
577 (b) Subsection (6)(a) applies if:
579 benefit from the employee's employer's:
580 (A) pension[
581 (B) profit-sharing[
582 (C) savings[
583 (D) deferred compensation plan[
584 (E) plans described in this Subsection (6)(b)(i) in combination [
586 least $44,000.
587 (7) It is not a discriminatory or prohibited practice to give a preference to an individual
588 on the basis of military service if that preference is given in accordance with a federal, state, or
589 local law other than this chapter.
590 Section 5. Section 34A-5-107 is amended to read:
591 34A-5-107. Procedure for aggrieved person to file claim -- Investigations --
592 Adjudicative proceedings -- Settlement -- Reconsideration -- Determination.
593 (1) (a) [
594 employment practice may, or that person's attorney or agent may, make, sign, and file with the
595 division a request for agency action.
596 (b) [
597 (c) A request for agency action made under this section shall be filed within 180 days
598 after the alleged discriminatory or prohibited employment practice occurred.
599 (d) The division may transfer a request for agency action filed with the division
600 pursuant to this section to the federal Equal Employment Opportunity Commission in
601 accordance with the provisions of [
602 (i) between the division and the Equal Employment Opportunity Commission; and
603 (ii) in effect on the day on which the request for agency action is transferred.
604 (2) [
605 vocational school who has an employee or member who refuses or threatens to refuse to
606 comply with this chapter may file with the division a request for agency action asking the
607 division for assistance to obtain the employee's or member's compliance by conciliation or
608 other remedial action.
609 (3) (a) Before a hearing is set or held as part of [
610 division shall promptly assign an investigator to attempt a settlement between the parties by
611 conference, conciliation, or persuasion.
612 (b) If no settlement is reached under Subsection (3)(a), the investigator shall make a
613 prompt impartial investigation of [
615 (c) The division and its staff, agents, and employees:
616 (i) shall conduct [
617 involved; and
618 (ii) may not attempt a settlement between the parties if it is clear that no discriminatory
619 or prohibited employment practice has occurred.
620 (d) An aggrieved party may withdraw the request for agency action [
621 issuance of a final order.
622 (4) (a) If the initial attempts at settlement are unsuccessful, and the investigator
623 uncovers insufficient evidence during the investigation to support [
624 allegation of a discriminatory or prohibited employment practice set out in the request for
625 agency action, the investigator shall formally report [
626 or the director's designee.
627 (b) Upon receipt of the investigator's report described in Subsection (4)(a), the director
628 or the director's designee may issue a determination and order for dismissal of the adjudicative
630 (c) A party may make a written request to the Division of Adjudication for an
631 evidentiary hearing to review de novo the director's or the director's designee's determination
632 and order within 30 days of the date the determination and order for dismissal is issued.
633 (d) If the director or the director's designee [
634 request for a hearing within the time period described in Subsection (4)(c), the determination
635 and order issued by the director or the director's designee becomes the final order of the
637 (5) (a) If the initial attempts at settlement are unsuccessful and the investigator
638 uncovers sufficient evidence during the investigation to support [
639 of a discriminatory or prohibited employment practice set out in the request for agency action,
640 the investigator shall formally report [
641 director's designee.
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 [
644 the investigator's report.
645 (ii) A determination and order issued under this Subsection (5)(b) shall:
646 (A) direct the respondent to cease any discriminatory or prohibited employment
647 practice; and
648 (B) provide relief to the aggrieved party as the director or the director's designee
649 determines is appropriate.
651 evidentiary hearing to review de novo the director's or the director's designee's determination
652 and order within 30 days of the date the determination and order is issued.
654 request for a hearing within the time period described in Subsection (5)(d), the determination
655 and order issued by the director or the director's designee in accordance with Subsection (5)(b)
656 becomes the final order of the commission.
657 (6) In [
658 designee's determination that a prohibited employment practice has occurred, the division shall
659 present the factual and legal basis of the determination or order issued under Subsection (5).
660 (7) (a) [
661 filing the request for agency action may reasonably and fairly amend [
664 (i) during or after [
665 (ii) only with permission of the presiding officer.
666 (8) (a) If, upon all the evidence at a hearing, the presiding officer finds that a
667 respondent has not engaged in a discriminatory or prohibited employment practice, the
668 presiding officer shall issue an order dismissing the request for agency action containing the
669 allegation of a discriminatory or prohibited employment practice.
670 (b) The presiding officer may order that the respondent be reimbursed by the
671 complaining party for the respondent's [
672 (9) (a) If upon all the evidence at the hearing, the presiding officer finds that a
673 respondent has engaged in a discriminatory or prohibited employment practice, the presiding
675 (i) shall issue an order requiring the respondent to:
676 (a) cease any discriminatory or prohibited employment practice; and
677 (b) provide relief to the complaining party, including:
678 (i) reinstatement;
679 (ii) back pay and benefits;
680 (iii) [
681 (iv) costs.
682 (10) Conciliation between the parties is to be urged and facilitated at all stages of the
683 adjudicative process.
684 (11) (a) Either party may file with the Division of Adjudication a written request for
685 review before the commissioner or Appeals Board of the order issued by the presiding officer
686 in accordance with:
687 (i) Section 63-46b-12 ; and
688 (ii) Chapter 1, Part 3, Adjudicative Proceedings.
689 (b) If there is no timely request for review, the order issued by the presiding officer
690 becomes the final order of the commission.
691 (12) An order of the commission under Subsection (11)(a) is subject to judicial review
692 as provided in:
693 (a) Section 63-46b-16 ; and
694 (b) Chapter 1, Part 3, Adjudicative Proceedings.
695 (13) The commission [
696 under this chapter in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking
698 (14) The commission and its staff may not divulge or make public [
699 gained from [
700 commission except as provided in Subsections (14)(a) through (d).
701 (a) Information used by the director or the director's designee in making [
702 determination may be provided to all interested parties for the purpose of preparation for and
703 participation in proceedings before the commission.
704 (b) General statistical information may be disclosed [
706 (c) Information may be disclosed for inspection by the attorney general or [
707 another legal [
708 (d) Information may be disclosed for information and reporting requirements of the
709 federal government.
710 (15) The procedures contained in this section are the exclusive remedy under state law
711 for employment discrimination [
712 (a) race;
713 (b) color;
714 (c) sex;
715 (d) retaliation;
716 (e) pregnancy, childbirth, or pregnancy-related conditions;
717 (f) age;
718 (g) religion;
719 (h) national origin; [
720 (i) disability[
721 (j) military service.
722 (16) (a) The commencement of an action under federal law for relief [
723 on the basis of an act prohibited by this chapter bars the commencement or continuation of
725 claim under this chapter.
726 (b) The transfer of a request for agency action to the Equal Employment Opportunity
727 Commission in accordance with Subsection (1)(d) is considered the commencement of an
728 action under federal law for purposes of Subsection (16)(a).
729 (c) Nothing in this Subsection (16) is intended to alter, amend, modify, or impair the
730 exclusive remedy provision set forth in Subsection (15).
731 Section 6. Section 67-19-6.3 is amended to read:
732 67-19-6.3. Equal employment opportunity plan.
733 (1) In conjunction with the director's duties under Section 67-19-6 , and
734 notwithstanding the general prohibition in Subsection 34A-5-106 (3)[
735 director shall prepare an equal employment opportunity plan for state employment consistent
736 with the guidelines provided in federal equal employment opportunity laws and in related
737 federal regulations.
738 (2) The equal employment opportunity plan required by this section applies only to
739 state career service employees described in Section 67-19-15 .
740 (3) The Legislature shall review the equal employment opportunity plan required by
741 this section before it may be implemented.
742 (4) Nothing in this section requires the establishment of hiring quotas or preferential
743 treatment of any identifiable group.
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