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7 LONG TITLE
8 General Description:
9 This bill modifies the Utah Antidiscrimination Act and Utah Fair Housing Act to
10 address discrimination, including discrimination on the basis of sexual orientation or
11 gender identity.
12 Highlighted Provisions:
13 This bill:
14 . modifies definition provisions related to employment and housing discrimination,
15 including defining "gender identity" and "sexual orientation";
16 . includes sexual orientation and gender identity as a consideration in appointments to
17 the Antidiscrimination and Labor Advisory Council;
18 . includes sexual orientation and gender identity as a prohibited basis for
19 discrimination in employment;
20 . modifies exemptions to the Utah Fair Housing Act;
21 . includes sexual orientation and gender identity as a prohibited basis for
22 discriminatory housing practices; and
23 . makes technical and conforming amendments.
24 Money Appropriated in this Bill:
26 Other Special Clauses:
28 Utah Code Sections Affected:
30 34A-5-102, as last amended by Laws of Utah 2008, Chapter 382
31 34A-5-104, as last amended by Laws of Utah 1999, Chapter 161
32 34A-5-105, as last amended by Laws of Utah 2010, Chapter 286
33 34A-5-106, as last amended by Laws of Utah 2003, Chapter 65
34 34A-5-107, as last amended by Laws of Utah 2008, Chapter 382
35 57-21-2, as last amended by Laws of Utah 2010, Chapter 379
36 57-21-3, as last amended by Laws of Utah 1993, Chapter 114
37 57-21-5, as last amended by Laws of Utah 1993, Chapter 114
38 57-21-6, as last amended by Laws of Utah 1993, Chapter 114
39 57-21-7, as last amended by Laws of Utah 1993, Chapter 114
41 Be it enacted by the Legislature of the state of Utah:
42 Section 1. Section 34A-5-102 is amended to read:
43 34A-5-102. Definitions.
44 As used in this chapter:
45 (1) "Apprenticeship" means a program for the training of [
46 including a program providing the training of [
47 defined as an apprentice by Section 35A-6-102 .
48 (2) "Bona fide occupational qualification" means a characteristic applying to an
50 (a) that is necessary to the operation of the employee's employer's business; or
51 (b) is the essence of the employee's employer's business.
52 (3) "Court" means:
53 (a) the district court in the judicial district of the state in which the asserted unfair
54 employment practice [
55 (b) if [
56 in Subsection (3)(a).
57 (4) "Director" means the director of the division.
58 (5) "Disability" means a physical or mental disability as defined and covered by the
59 Americans with Disabilities Act of 1990, 42 U.S.C. Sec. 12102.
60 (6) "Division" means the Division of Antidiscrimination and Labor.
61 (7) "Employee" means [
62 (8) (a) "Employer" means:
63 (i) the state;
64 (ii) [
65 (iii) a board, commission, department, institution, school district, trust, or agent of the
66 state or [
67 (iv) a person employing 15 or more employees within the state for each working day
68 in each of 20 calendar weeks or more in the current or preceding calendar year.
69 (b) "Employer" does not include:
70 (i) a religious organization or association;
71 (ii) a religious corporation sole; [
72 (iii) [
73 agency of any religious organization or association or religious corporation sole[
74 (iv) an expressive association if employing an individual would significantly burden
75 the expressive association's rights of expressive association under decisions of the United
76 States Supreme Court.
77 (9) "Employment agency" means [
78 (a) undertaking to procure [
79 to work for [
80 (b) holding itself out to be equipped to take an action described in Subsection (9)(a).
81 (10) "Gender identity" means an individual's actual or perceived gender identity,
82 including the individual's gender-related appearance, mannerisms, or other gender-related
83 characteristics, without regard to the individual's physiology.
85 representatives of a labor organization and an employer providing, coordinating, or controlling
86 an apprentice training program.
88 purpose in whole or in part of:
89 (a) collective bargaining;
90 (b) dealing with [
91 of employment; or
92 (c) other mutual aid or protection in connection with employment.
94 individual or of an individual's ancestors.
96 person who, while learning the particular job for which the person is receiving instruction:
97 (a) is also employed at that job; or
98 (b) may be employed by the employer conducting the program:
99 (i) during the course of the program[
100 (ii) when the program is completed.
102 (a) one or more:
103 (i) individuals[
104 (ii) partnerships[
105 (iii) associations[
106 (iv) corporations[
107 (v) legal representatives[
108 (vi) trusts or trustees[
109 (vii) receivers[
110 (b) the state [
111 (c) a political subdivision or agency of the state.
113 63G-4-103 .
115 discriminatory, and therefore unlawful[
117 (a) by:
118 (i) an employer[
119 (ii) an employment agency[
120 (iii) a labor organization[
121 (iv) an apprenticeship program[
122 (v) an on-the-job training program[
123 (vi) a vocational school [
126 (b) against an employee, applicant, or member of a person described in Subsection
127 (18)(a); and
128 (c) because the employee, applicant, or member:
129 (i) opposes an employment practice prohibited under this chapter; or
131 (ii) files charges, testifies, assists, or participates in any way in [
132 investigation, or hearing under this chapter.
133 (19) "Sexual orientation" means an individual's actual or perceived orientation as
134 heterosexual, homosexual, or bisexual.
136 of instruction, training, or retraining to prepare [
137 (a) follow an occupation or trade[
138 (b) pursue a manual, technical, industrial, business, commercial, office, personal
139 services, or other nonprofessional occupations.
140 Section 2. Section 34A-5-104 is amended to read:
141 34A-5-104. Powers.
142 (1) (a) The commission has jurisdiction over the subject of employment practices and
143 discrimination made unlawful by this chapter.
144 (b) The commission may adopt, publish, amend, and rescind rules, consistent with, and
145 for the enforcement of this chapter.
146 (2) The division may:
147 (a) appoint and prescribe the duties of [
149 considers necessary for the enforcement of this chapter;
150 (b) receive, reject, investigate, and pass upon [
151 (i) discrimination in:
152 (A) employment;
153 (B) an apprenticeship [
154 (C) an on-the-job training [
155 (D) a vocational [
156 (ii) the existence of a discriminatory or prohibited employment practice by:
157 (A) a person;
158 (B) an employer;
159 (C) an employment agency;
160 (D) a labor organization;
161 (E) [
162 labor organization;
163 (F) a joint apprenticeship committee; and
164 (G) a vocational school;
165 (c) investigate and study the existence, character, causes, and extent of discrimination
167 (i) in one or more of the following in this state:
168 (A) employment[
169 (B) apprenticeship programs[
170 (C) on-the-job training programs[
171 (D) vocational schools [
172 (ii) by:
178 (d) formulate one or more plans for the elimination of discrimination by educational or
179 other means;
180 (e) hold [
181 (i) a person;
182 (ii) an employer;
183 (iii) an employment agency;
184 (iv) a labor organization;
185 (v) [
186 labor organization;
187 (vi) a joint apprenticeship committee; or
188 (vii) a vocational school;
189 (f) issue one or more publications and reports of investigations and research that:
190 (i) promote good will among the various racial, religious, and ethnic groups of the
191 state; and
192 (ii) minimize or eliminate discrimination in employment because of race, color, sex,
193 religion, national origin, age, [
194 (g) prepare and transmit to the governor, at least once each year, reports describing:
195 (i) [
196 (ii) the outcome of those hearings;
197 (iii) decisions the division [
198 (iv) the other work performed by the division;
199 (h) recommend policies to the governor, and submit recommendation to employers,
200 employment agencies, and labor organizations to implement those policies;
201 (i) recommend [
202 concerning discrimination because of:
203 (A) race[
204 (B) sex[
205 (C) color[
206 (D) national origin[
207 (E) religion[
208 (F) age[
209 (G) disability [
210 (H) sexual orientation; or
211 (I) gender identity; and
212 (j) within the limits of [
213 agencies or organizations, both public and private, in the planning and conducting of
214 educational programs designed to eliminate discriminatory practices prohibited under this
216 (3) The division shall investigate an alleged discriminatory [
217 involving [
218 so by the Career Service Review Board.
219 (4) (a) In [
220 (i) subpoena witnesses and compel their attendance at the hearing;
221 (ii) administer oaths and take the testimony of [
222 (iii) compel [
223 paper, or other information relating to the matters raised by the complaint.
224 (b) The division director or a hearing examiner appointed by the division director may
225 conduct [
226 (c) If a witness fails or refuses to obey a subpoena issued by the division, the division
227 may petition the district court to enforce the subpoena.
228 (d) [
229 and evidence from the witness may be compelled pursuant to Title 77, Chapter 22b, Grants of
231 Section 3. Section 34A-5-105 is amended to read:
232 34A-5-105. Antidiscrimination and Labor Advisory Council -- Membership --
233 Appointment -- Term -- Powers and duties -- Chair.
234 (1) There is created an Antidiscrimination and Labor Advisory Council consisting of:
235 (a) 13 voting members appointed by the commissioner as follows:
236 (i) three employer representatives;
237 (ii) three employee representatives;
238 (iii) two representatives of persons who seek to rent or purchase [
239 dwelling, as defined in Section 57-21-2 ;
240 (iv) two representatives of persons who:
241 (A) sell or rent dwellings; and
242 (B) are subject to Title 57, Chapter 21, Utah Fair Housing Act; and
243 (v) three representatives of the general public; and
244 (b) the commissioner or the commissioner's designee as a nonvoting member of the
246 (2) In making [
247 commissioner shall consider representation of the following protected classes:
248 (a) race;
249 (b) color;
250 (c) national origin;
251 (d) [
252 (e) religion;
253 (f) age;
254 (g) persons with disabilities;
255 (h) sexual orientation;
256 (i) gender identity;
259 (3) The division shall provide any necessary staff support for the council.
260 (4) (a) Except as required by Subsection (4)(b), as terms of current council members
261 expire, the commissioner shall appoint each new member or reappointed member to a four-year
263 (b) Notwithstanding the requirements of Subsection (4)(a), the commissioner shall, at
264 the time of appointment or reappointment, adjust the length of terms to ensure that the terms of
265 council members are staggered so that approximately half of the council is appointed every two
267 (5) (a) When a vacancy occurs in the membership for any reason, the commissioner
268 shall appoint a replacement [
269 (b) The commissioner shall terminate the term of a council member who ceases to be
270 representative as designated by the original appointment.
271 (6) A member may not receive compensation or benefits for the member's service, but
272 may receive per diem and travel expenses in accordance with:
273 (a) Section 63A-3-106 ;
274 (b) Section 63A-3-107 ; and
275 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
276 63A-3-107 .
277 (7) (a) The advisory council shall:
278 (i) offer advice on issues requested by:
279 (A) the commission;
280 (B) the division; or
281 (C) the Legislature; and
282 (ii) make recommendations to the commission and division regarding issues related to:
283 (A) employment discrimination;
284 (B) housing discrimination; and
285 (C) the administration by the commission of:
286 (I) the provisions of Title 34, Labor in General, that are administered by the
288 (II) [
289 (III) Title 57, Chapter 21, Utah Fair Housing Act.
290 (b) The council shall [
291 commission, division, and the Legislature regarding issues described in Subsection (7)(a).
292 (8) (a) The commissioner or the commissioner's designee shall serve as chair of the
294 (b) The chair [
296 Section 4. Section 34A-5-106 is amended to read:
297 34A-5-106. Discriminatory or prohibited employment practices -- Permitted
299 (1) It is a discriminatory or prohibited employment practice to take [
300 described in Subsections (1)(a) through (f).
301 (a) (i) An employer may not refuse to hire, promote, discharge, demote, or terminate
303 terms, privileges, and conditions of employment against [
304 because of:
305 (A) race;
306 (B) color;
307 (C) sex;
308 (D) pregnancy, childbirth, or pregnancy-related conditions;
309 (E) age, if the individual is 40 years of age or older;
310 (F) religion;
311 (G) national origin; [
312 (H) disability[
313 (I) sexual orientation; or
314 (J) gender identity.
315 (ii) A person may not be considered "otherwise qualified," unless that person possesses
316 the following required by an employer for any particular job, job classification, or position:
317 (A) education;
318 (B) training;
319 (C) ability, with or without reasonable accommodation;
320 (D) moral character;
321 (E) integrity;
322 (F) disposition to work;
323 (G) adherence to reasonable rules and regulations; and
324 (H) other job related qualifications required by an employer.
325 (iii) [
326 the payment of differing wages or salaries to employees having substantially equal experience,
327 responsibilities, and skill for the particular job.
330 longevity with the employer, if the salary [
331 available to all employees on a substantially proportional basis; and
333 a rate of pay or work schedule designed to protect the employee from loss of Social Security
334 payment or benefits if the employee is eligible for those payments.
335 (b) An employment agency may not:
336 (i) refuse to list and properly classify for employment, or refuse to refer an individual
337 for employment, in a known available job for which the individual is otherwise qualified,
338 because of:
339 (A) race;
340 (B) color;
341 (C) sex;
342 (D) pregnancy, childbirth, or pregnancy-related conditions;
343 (E) religion;
344 (F) national origin;
345 (G) age, if the individual is 40 years of age or older; [
346 (H) disability; [
347 (I) sexual orientation; or
348 (J) gender identity; or
349 (ii) comply with a request from an employer for referral of [
350 employment if the request indicates either directly or indirectly that the employer discriminates
351 in employment on account of:
352 (A) race;
353 (B) color;
354 (C) sex;
355 (D) pregnancy, childbirth, or pregnancy-related conditions;
356 (E) religion;
357 (F) national origin;
358 (G) age, if the individual is 40 years of age or older; [
359 (H) disability[
360 (I) sexual orientation; or
361 (J) gender identity.
362 (c) (i) A labor organization may not for a reason listed in Subsection (1)(c)(ii):
363 (A) exclude [
364 labor organization[
365 (B) expel the individual from membership in the labor organization[
366 (C) otherwise discriminate against or harass [
369 (ii) A labor organization may not take an action listed in this Subsection (1)(c) because
378 (H) sexual orientation; or
379 (I) gender identity.
380 (d) (i) Unless based upon a bona fide occupational qualification, or required by and
381 given to an agency of government for a security [
382 agency, or labor organization may not do the following if the statement, advertisement,
383 publication, form, or inquiry violates Subsection (1)(d)(ii):
384 (A) print, [
385 advertisement, or publication[
386 (B) use [
387 (C) make [
388 (ii) This Subsection (1)(d) applies to a statement, advertisement, publication, form, or
389 inquiry that expresses, either directly or indirectly[
390 discrimination, or the intent to make a limitation, specification, or discrimination as to:
391 (A) race;
392 (B) color;
393 (C) religion;
394 (D) sex;
395 (E) pregnancy, childbirth, or pregnancy-related conditions;
396 (F) national origin;
397 (G) age, if the individual is 40 years of age or older; [
398 (H) disability;
399 (I) sexual orientation; or
400 (J) gender identity.
403 (e) A person, whether or not an employer, an employment agency, a labor organization,
404 or [
405 or labor organization, may not:
406 (i) aid, incite, compel, or coerce the doing of an act defined in this section to be a
407 discriminatory or prohibited employment practice;
408 (ii) obstruct or prevent [
409 order issued under this chapter; or
410 (iii) attempt, either directly or indirectly, to commit [
412 (f) (i) An employer, labor organization, joint apprenticeship committee, or vocational
413 school, providing, coordinating, or controlling an apprenticeship [
414 providing, coordinating, or controlling an on-the-job-training [
415 training, or retraining [
416 (A) deny to, or withhold from, [
417 participate in [
418 occupational instruction, training, or retraining program because of:
419 (I) race;
420 (II) color;
421 (III) sex;
422 (IV) pregnancy, childbirth, or pregnancy-related conditions;
423 (V) religion;
424 (VI) national origin;
425 (VII) age, if the individual is 40 years of age or older; [
426 (VIII) disability;
427 (IX) sexual orientation; or
428 (X) gender identity;
429 (B) discriminate against or harass [
431 (I) race;
432 (II) color;
433 (III) sex;
434 (IV) pregnancy, childbirth, or pregnancy-related conditions;
435 (V) religion;
436 (VI) national origin;
437 (VII) age, if the individual is 40 years of age or older;
438 (VIII) disability;
439 (IX) sexual orientation; or
440 (X) gender identity;
441 (C) discriminate against [
442 of [
443 (I) race;
444 (II) color;
445 (III) sex;
446 (IV) pregnancy, childbirth, or pregnancy-related conditions;
447 (V) religion;
448 (VI) national origin;
449 (VII) age, if the individual is 40 years of age or older; [
450 (VIII) disability; [
451 (IX) sexual orientation; or
452 (X) gender identity; or
454 printed or published, [
455 or membership in or [
456 or relating to [
457 indicating [
458 (I) race;
459 (II) color;
460 (III) sex;
461 (IV) pregnancy, childbirth, or pregnancy-related conditions;
462 (V) religion;
463 (VI) national origin;
464 (VII) age, if the individual is 40 years of age or older; [
465 (VIII) disability[
466 (IX) sexual orientation; or
467 (X) gender identity.
468 (ii) Notwithstanding Subsection (1)(f)(i)[
469 occupational qualification for employment, a notice or advertisement described in Subsection
472 (A) race;
473 (B) color;
474 (C) religion;
475 (D) sex;
476 (E) pregnancy, childbirth, or pregnancy-related conditions;
477 (F) age;
478 (G) national origin; [
479 (H) disability[
480 (I) sexual orientation; or
481 (J) gender identity.
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 insurance premiums or coverage on account of age; or
488 (c) a restriction on the activities of [
490 Control Act, with respect to an individual who is under 21 years of age.
491 (3) (a) It is not a discriminatory or prohibited employment practice:
492 (i) for an employer to hire and employ [
493 agency to classify or refer for employment [
494 classify its membership or to classify or refer for employment [
495 employer, labor organization, or joint labor-management committee controlling an
496 apprenticeship or other training or retraining [
497 individual in [
498 pregnancy-related conditions, age, national origin, [
499 identity in those certain instances [
500 pregnancy-related conditions, age, if the individual is 40 years of age or older, national origin,
502 reasonably necessary to the normal operation of that particular business or enterprise;
503 (ii) for a school, college, university, or other educational institution to hire and employ
505 (A) the school, college, university, or other educational institution is, in whole or in
506 substantial part, owned, supported, controlled, or managed by a particular religious corporation,
507 association, or society; or
508 (B) the curriculum of the school, college, university, or other educational institution is
509 directed toward the propagation of a particular religion; or
510 (iii) for an employer to give preference in employment to:
511 (A) the employer's:
512 (I) spouse;
513 (II) child; or
514 (III) son-in-law or daughter-in-law;
515 (B) [
516 support if [
517 (C) [
519 the employer was or is legally obligated to furnish support; or
520 (D) [
521 employer for a period of two years or more.
522 (b) Nothing in this chapter applies to [
523 reservation with respect to [
524 enterprise under which preferential treatment is given to [
525 individual is a native American Indian living on or near an Indian reservation.
526 (c) Nothing in this chapter [
527 employment agency, labor organization, vocational school, joint labor-management committee,
528 or apprenticeship program subject to this chapter to grant preferential treatment to [
529 individual or to [
530 disability, sexual orientation, or gender identity of the individual or group on account of an
531 imbalance [
533 gender identity employed by [
534 employment agency or labor organization, admitted to membership or classified by [
535 labor organization, or admitted to or employed in, any apprenticeship or other training
536 program, in comparison with the total number or percentage of persons of that race, color,
537 religion, sex, age, national origin, [
538 community or county or in the available work force in any community or county.
539 (4) It is not a discriminatory or prohibited practice with respect to age to observe the
540 terms of a bona fide seniority system or any bona fide employment benefit plan such as a
541 retirement, pension, or insurance plan that is not a subterfuge to evade the purposes of this
542 chapter, except that [
543 hire an individual.
544 (5) Notwithstanding Subsection (4), or [
545 the contrary, a person may not be subject to involuntary termination or retirement from
546 employment on the basis of age alone, if the individual is 40 years of age or older, except:
547 (a) under Subsection (6);
548 (b) under Section 67-5-8 ; and
549 (c) when age is a bona fide occupational qualification.
550 (6) Nothing in this section prohibits compulsory retirement of an employee who has
551 attained at least 65 years of age, and who, for the two-year period immediately before
552 retirement, is employed in a bona fide executive or a high policymaking position, if:
553 (a) that employee is entitled to an immediate nonforfeitable annual retirement benefit
554 from the employee's employer's pension, profit-sharing, savings, or deferred compensation
555 plan, or any combination of those plans; and
556 (b) the benefit described in Subsection (6)(a) equals, in the aggregate, at least $44,000.
557 Section 5. Section 34A-5-107 is amended to read:
558 34A-5-107. Procedure for aggrieved person to file claim -- Investigations --
559 Adjudicative proceedings -- Conciliation -- Reconsideration -- Determination.
560 (1) (a) [
561 employment practice may, or that person's attorney or agent may, make, sign, and file with the
562 division a request for agency action.
563 (b) [
564 (c) A request for agency action made under this section shall be filed within 180 days
565 after the alleged discriminatory or prohibited employment practice [
566 (d) The division may transfer a request for agency action filed with the division
567 pursuant to this section to the federal Equal Employment Opportunity Commission in
568 accordance with [
569 (i) between the division and the Equal Employment Opportunity Commission; and
570 (ii) in effect on the day on which the request for agency action is transferred.
571 (2) [
572 vocational school who has an employee or member who refuses or threatens to refuse to
573 comply with this chapter may file with the division a request for agency action asking the
574 division for assistance to obtain the employee's or member's compliance by conciliation or
575 other remedial action.
576 (3) (a) Before a hearing is set or held as part of any adjudicative proceeding, the
577 division shall promptly assign an investigator to attempt a settlement between the parties by
578 conference, conciliation, or persuasion.
579 (b) If no settlement is reached, the investigator shall make a prompt impartial
580 investigation of all allegations made in the request for agency action.
581 (c) The division and its staff, agents, and employees:
582 (i) shall conduct every investigation in fairness to all parties and agencies involved;
584 (ii) may not attempt a settlement between the parties if it is clear that no discriminatory
585 or prohibited employment practice has occurred.
586 (d) An aggrieved party may withdraw the request for agency action prior to the
587 issuance of a final order.
588 (4) (a) If the initial attempts at settlement are unsuccessful, and the investigator
589 uncovers insufficient evidence during the investigation to support the allegations of a
590 discriminatory or prohibited employment practice set out in the request for agency action, the
591 investigator shall formally report these findings to the director or the director's designee.
592 (b) Upon receipt of the investigator's report described in Subsection (4)(a), the director
593 or the director's designee may issue a determination and order for dismissal of the adjudicative
595 (c) A party may make a written request to the Division of Adjudication for an
596 evidentiary hearing to review de novo the director's or the director's designee's determination
597 and order within 30 days of the date the determination and order for dismissal is issued.
598 (d) If the director or the director's designee receives no timely request for a hearing, the
599 determination and order issued by the director or the director's designee becomes the final order
600 of the commission.
601 (5) (a) If the initial attempts at settlement are unsuccessful and the investigator
602 uncovers sufficient evidence during the investigation to support the allegations of a
603 discriminatory or prohibited employment practice set out in the request for agency action, the
604 investigator shall formally report these findings to the director or the director's designee.
605 (b) (i) Upon receipt of the investigator's report described in Subsection (5)(a), the
606 director or the director's designee may issue a determination and order based on the
607 investigator's report.
608 (ii) A determination and order issued under this Subsection (5)(b) shall:
609 (A) direct the respondent to cease any discriminatory or prohibited employment
610 practice; and
611 (B) provide relief to the aggrieved party as the director or the director's designee
612 determines is appropriate.
613 (c) A party may file a written request to the Division of Adjudication for an evidentiary
614 hearing to review de novo the director's or the director's designee's determination and order
615 within 30 days of the date the determination and order is issued.
616 (d) If the director or the director's designee receives no timely request for a hearing, the
617 determination and order issued by the director or the director's designee in accordance with
618 Subsection (5)(b) becomes the final order of the commission.
619 (6) In [
620 designee's determination that a prohibited employment practice has occurred, the division shall
621 present the factual and legal basis of the determination or order issued under Subsection (5).
622 (7) (a) [
623 (i) the party filing the request for agency action may reasonably and fairly amend any
624 allegation; and
625 (ii) the respondent may amend its answer.
626 (b) An amendment permitted under this Subsection (7) may be made:
627 (i) during or after a hearing; and
628 (ii) only with permission of the presiding officer.
629 (8) (a) If, upon all the evidence at a hearing, the presiding officer finds that a
630 respondent has not engaged in a discriminatory or prohibited employment practice, the
631 presiding officer shall issue an order dismissing the request for agency action containing the
632 allegation of a discriminatory or prohibited employment practice.
633 (b) The presiding officer may order that the respondent be reimbursed by the
634 complaining party for the respondent's [
635 (9) If upon all the evidence at the hearing, the presiding officer finds that a respondent
636 has engaged in a discriminatory or prohibited employment practice, the presiding officer shall
637 issue an order requiring the respondent to:
638 (a) cease [
639 (b) provide relief to the complaining party, including:
640 (i) reinstatement;
641 (ii) back pay and benefits;
642 (iii) [
643 (iv) costs.
644 (10) Conciliation between the parties is to be urged and facilitated at all stages of the
645 adjudicative process.
646 (11) (a) Either party may file with the Division of Adjudication a written request for
647 review before the commissioner or Appeals Board of the order issued by the presiding officer
648 in accordance with:
649 (i) Section 63G-4-301 ; and
650 (ii) Chapter 1, Part 3, Adjudicative Proceedings.
651 (b) If there is no timely request for review, the order issued by the presiding officer
652 becomes the final order of the commission.
653 (12) An order of the commission under Subsection (11)(a) is subject to judicial review
654 as provided in:
655 (a) Section 63G-4-403 ; and
656 (b) Chapter 1, Part 3, Adjudicative Proceedings.
657 (13) The commission [
658 under this chapter in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
660 (14) The commission and its staff may not divulge or make public [
661 gained from [
662 commission except as provided in Subsections (14)(a) through (d).
663 (a) Information used by the director or the director's designee in making [
664 determination may be provided to all interested parties for the purpose of preparation for and
665 participation in proceedings before the commission.
666 (b) General statistical information may be disclosed provided the identities of the
667 individuals or parties are not disclosed.
668 (c) Information may be disclosed for inspection by the attorney general or other legal
669 representatives of the state or the commission.
670 (d) Information may be disclosed for information and reporting requirements of the
671 federal government.
672 (15) The procedures contained in this section are the exclusive remedy under state law
673 for employment discrimination based upon:
674 (a) race;
675 (b) color;
676 (c) sex;
677 (d) retaliation;
678 (e) pregnancy, childbirth, or pregnancy-related conditions;
679 (f) age;
680 (g) religion;
681 (h) national origin; [
682 (i) disability[
683 (j) sexual orientation; or
684 (k) gender identity.
685 (16) (a) The commencement of an action under federal law for relief based upon [
686 an act prohibited by this chapter bars the commencement or continuation of [
687 adjudicative proceeding before the commission in connection with the same [
688 under this chapter.
689 (b) The transfer of a request for agency action to the Equal Employment Opportunity
690 Commission in accordance with Subsection (1)(d) is considered the commencement of an
691 action under federal law for purposes of Subsection (16)(a).
692 (c) Nothing in this Subsection (16) is intended to alter, amend, modify, or impair the
693 exclusive remedy provision set forth in Subsection (15).
694 Section 6. Section 57-21-2 is amended to read:
695 57-21-2. Definitions.
696 As used in this chapter:
697 (1) "Aggrieved person" includes [
698 (a) claims to have been injured by a discriminatory housing practice; or
699 (b) believes that the person will be injured by a discriminatory housing practice that is
700 about to occur.
701 (2) "Commission" means the Labor Commission.
702 (3) "Complainant" means an aggrieved person, including the director, who has
703 commenced a complaint with the division.
704 (4) "Conciliation" means the attempted resolution of [
705 complaint of discriminatory housing practices by the investigation of the complaint through
706 informal negotiations involving the complainant, the respondent, and the division.
707 (5) "Conciliation agreement" means a written agreement setting forth the resolution of
708 the issues in conciliation.
709 (6) "Conciliation conference" means the attempted resolution of [
711 involving the complainant, the respondent, and the division. The conciliation conference is not
712 subject to Title 63G, Chapter 4, Administrative Procedures Act.
713 (7) "Covered multifamily [
714 (a) buildings consisting of four or more dwelling units if the buildings have one or
715 more elevators; and
716 (b) ground floor units in other buildings consisting of four or more dwelling units.
717 (8) "Director" means the director of the division or a designee.
718 (9) (a) "Disability" means a physical or mental impairment that substantially limits one
719 or more of a person's major life activities, including a person having a record of such an
720 impairment or being regarded as having such an impairment.
721 (b) "Disability" does not include current illegal use of, or addiction to, any federally
722 controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
723 Sec. 802.
724 (10) "Discriminate" includes segregate or separate.
725 (11) "Discriminatory housing practice" means an act that is unlawful under this
727 (12) "Division" means the Division of Antidiscrimination and Labor established under
728 the commission.
729 (13) [
730 (a) a building or structure, or a portion of a building or structure, occupied as, [
731 designed as, or intended for occupancy as, a residence of one or more families[
732 (b) [
733 construction or location of a dwelling as described in Subsection (13)(a).
734 (14) (a) "Familial status" means one or more individuals who have not attained the age
735 of 18 years being domiciled with:
736 (i) a parent or another person having legal custody of the [
737 individuals; or
738 (ii) the designee of the parent or other person having custody, with the written
739 permission of the parent or other person.
740 (b) The protections afforded against discrimination on the basis of familial status [
742 (i) is pregnant;
743 (ii) is in the process of securing legal custody of any individual who has not attained
744 the age of 18 years; or
745 (iii) is a single individual.
746 (15) "Gender identity" means an individual's actual or perceived gender identity,
747 including the individual's gender-related appearance, mannerisms, or other gender-related
748 characteristics, without regard to the individual's physiology.
752 (a) individuals[
753 (b) corporations[
754 (c) limited liability companies[
755 (d) partnerships[
756 (e) associations[
757 (f) labor organizations[
758 (g) legal representatives[
759 (h) mutual companies[
760 (i) joint-stock companies[
761 (j) trusts[
762 (k) unincorporated organizations[
763 (l) trustees[
764 (m) trustees in cases under the United States Bankruptcy Code[
765 (n) receivers[
766 (o) fiduciaries.
768 63G-4-103 .
770 broker, or a sales agent as those terms are defined in Section 61-2f-102 .
772 discrimination has been initiated.
774 related to pregnancy or childbirth.
775 (22) "Sexual orientation" means an individual's actual or perceived orientation as
776 heterosexual, homosexual, or bisexual.
778 federal, state, or local assistance, including medical assistance, or of being a tenant receiving
779 federal, state, or local subsidies, including rental assistance or rent supplements.
780 Section 7. Section 57-21-3 is amended to read:
781 57-21-3. Exemptions.
782 (1) This chapter does not apply to [
783 its owner if:
784 (a) the owner is not a partnership, association, corporation, or other business entity;
785 (b) the owner does not own [
786 units held for sale or lease at the same time;
787 (c) during a 24-month period, the owner does not sell two or more single-family
788 dwelling units in which the owner was not residing or was not the most recent resident at the
789 time of sale;
790 (d) the owner does not retain or use the facilities or services of [
791 broker or salesperson; and
792 (e) the owner does not use [
793 57-21-5 (2) in the sale or rental of the dwelling.
794 (2) This chapter does not apply to a temporary or permanent residence facility operated
795 by a nonprofit or charitable organization, including [
796 private educational institution, if the discrimination is by sex or familial status:
797 (a) for reasons of personal modesty or privacy; or
798 (b) in the furtherance of a religious institution's free exercise of religious rights under
799 the First Amendment of the United States Constitution.
800 (3) This chapter, except for Subsection 57-21-5 (2), does not apply to the rental of a
801 room in [
802 to another person if:
803 (a) the dwelling is designed for occupancy by four or fewer families[
804 (b) the owner-occupant resides in one of the units.
805 (4) [
806 origin, sexual orientation, or gender identity, this chapter does not prohibit a religious
808 operated, supervised, or controlled by or in conjunction with a religious organization[
809 association, [
810 (a) limiting the sale, rental, or occupancy of dwellings it owns or operates for primarily
811 noncommercial purposes to persons of the same religion[
812 (b) giving preference to [
814 (5) [
815 prohibit a private club not open to the public, including [
816 or sorority associated with [
817 (i) limiting the rental or occupancy of lodgings to members; or [
818 (ii) giving preference to its members[
819 (b) This Subsection (5) applies only if [
820 as an incident to its primary purpose and not for a commercial purpose.
821 (6) This chapter does not prohibit distinctions based on inability to fulfill the terms and
822 conditions, including financial obligations, of:
823 (a) a lease[
824 (b) a rental agreement[
825 (c) a contract of purchase or sale[
826 (d) a mortgage[
827 (e) a trust deed[
828 (f) another financing agreement.
829 (7) This chapter does not prohibit [
830 (a) requiring its single students to live in housing approved, operated, or owned by the
831 nonprofit educational institution;
832 (b) segregating housing that the nonprofit education institution approves, operates, or
833 owns on the basis of sex or familial status or both:
834 (i) for reasons of personal modesty or privacy[
835 (ii) in the furtherance of a religious institution's free exercise of religious rights under
836 the First Amendment of the [
837 (c) otherwise assisting [
838 available to students as may be permitted by regulations implementing the federal Fair Housing
839 Amendments Act of 1988 and Title IX of the Education Amendments of 1972.
840 (8) This chapter does not prohibit [
843 (9) [
844 status [
845 financing of [
846 designated as housing for older persons, as defined by Title VIII of the Civil Rights Act of
847 1968, as amended.
848 Section 8. Section 57-21-5 is amended to read:
849 57-21-5. Discriminatory practices enumerated -- Protected persons, classes
851 (1) It is a discriminatory housing practice to do any of the following because of a
852 person's race, color, religion, sex, national origin, familial status, source of income, [
853 disability, sexual orientation, or gender identity:
854 (a) (i) refuse to sell or rent after the making of a bona fide offer[
855 (ii) refuse to negotiate for the sale or rental[
856 (iii) otherwise deny or make unavailable [
857 (b) discriminate against [
858 (i) of the sale or rental of [
859 (ii) in providing facilities or services in connection with the dwelling; or
860 (c) represent to [
861 or rental when [
862 (2) It is a discriminatory housing practice:
863 (a) to:
864 (i) make a representation orally or in writing; [
865 (ii) make, print, circulate, publish, post, or cause to be made, printed, circulated,
866 published, or posted [
867 (iii) use any application form for the sale or rental of a dwelling[
868 (b) if the action described in Subsection (2)(a) directly or indirectly expresses [
869 (i) a preference, limitation, or discrimination based on race, color, religion, sex,
870 national origin, familial status, source of income, [
871 identity; or [
872 (ii) an intent to make any such preference, limitation, or discrimination.
873 (3) It is a discriminatory housing practice to induce or attempt to induce, for profit,
875 representation about the entry or prospective entry into the neighborhood of one or more
876 persons of a particular race, color, religion, sex, national origin, familial status, source of
877 income, [
878 (4) A discriminatory housing practice includes:
879 (a) a refusal to permit, at the expense of the disabled person, a reasonable
881 the [
882 premises, except that in the case of a rental, the landlord, [
883 so, may condition permission for a modification on the renter agreeing to restore the interior of
884 the premises, when reasonable, to the condition that existed before the modification, reasonable
885 wear and tear excepted;
886 (b) a refusal to make a reasonable [
888 accommodation may be necessary to afford the person equal opportunity to use and enjoy a
889 dwelling; and
890 (c) in connection with the design and construction of covered multifamily dwellings for
891 first occupancy after March 13, 1991, a failure to design and construct [
892 multifamily dwellings in a manner that:
893 (i) the covered multifamily dwellings have at least one building entrance on an
894 accessible route, unless it is impracticable to have one because of the terrain or unusual
895 characteristics of the site; and
896 (ii) with respect to covered multifamily dwellings with a building entrance on an
897 accessible route:
898 (A) the public use and common use portions of the covered multifamily dwelling are
899 readily accessible to and usable by disabled persons;
900 (B) all the doors designed to allow passage into and within the covered multifamily
901 dwellings are sufficiently wide to allow passage by disabled persons in wheelchairs; and
902 (C) all premises within these covered multifamily dwellings contain the following
903 features of adaptive design:
904 (I) an accessible route into and through the covered multifamily dwelling;
905 (II) light switches, electrical outlets, thermostats, and other environmental controls in
906 accessible locations;
907 (III) reinforcements in the bathroom walls to allow later installation of grab bars; and
908 (IV) kitchens and bathrooms such that an individual in a wheelchair can maneuver
909 about and use the space.
910 (5) This section also applies to discriminatory housing practices because of race, color,
911 religion, sex, national origin, familial status, source of income, [
912 orientation, or gender identity based upon a person's association with another person.
913 Section 9. Section 57-21-6 is amended to read:
914 57-21-6. Discriminatory housing practices regarding residential real
915 estate-related transactions -- Discriminatory housing practices regarding the provisions
916 of brokerage services.
917 (1) (a) It is a discriminatory housing practice for [
918 includes engaging in residential real [
919 against [
920 in the terms or conditions of the residential real estate related transaction, because of race,
921 color, religion, sex, disability, familial status, source of income, [
922 orientation, or gender identity.
923 (b) Residential real estate-related transactions include:
929 (2) It is a discriminatory housing practice to, because of race, color, religion, sex,
930 disability, familial status, source of income, national origin, sexual orientation, or gender
932 (a) deny [
933 multiple-listing service, real estate brokers' organization, or other service, organization, or
934 facility relating to the business of selling or renting dwellings; or [
935 (b) discriminate against [
936 membership, or participation in the organization, service, or facility [
938 (3) This section also applies to a discriminatory housing [
939 race, color, religion, sex, national origin, familial status, source of income, [
940 sexual orientation, or gender identity based upon a person's association with another person.
941 Section 10. Section 57-21-7 is amended to read:
942 57-21-7. Prohibited conduct -- Aiding or abetting in discriminatory actions --
943 Obstruction of division investigation -- Reprisals.
944 (1) It is a discriminatory housing practice to do any of the following:
945 (a) coerce, intimidate, threaten, or interfere with [
946 (i) in the exercise or enjoyment of [
947 (ii) because that person exercised [
949 (iii) because that person aided or encouraged any other person in the exercise or
950 enjoyment of [
951 (b) aid, abet, incite, compel, or coerce a person to engage in [
952 practice prohibited by this chapter;
953 (c) attempt to aid, abet, incite, compel, or coerce a person to engage in [
955 (d) obstruct or prevent [
956 issued under this chapter;
957 (e) resist, prevent, impede, or interfere with the director or [
959 (f) engage in any reprisal against [
960 (i) opposed a practice prohibited under this chapter; or
961 (ii) filed a complaint, testified, assisted, or participated in any manner in [
962 investigation, proceeding, or hearing under this chapter.
963 (2) This section also applies to discriminatory housing practices because of race, color,
964 religion, sex, national origin, familial status, source of income, [
965 orientation, or gender identity based upon a person's association with another person.
Legislative Review Note
as of 2-1-11 6:51 PM