Representative Justin J. Miller proposes the following substitute bill:




Chief Sponsor: Justin J. Miller

Senate Sponsor: Jani Iwamoto


8     General Description:
9          This bill modifies the Utah Antidiscrimination Act to address breastfeeding or medical
10     conditions related to breastfeeding.
11     Highlighted Provisions:
12          This bill:
13          ▸     includes breastfeeding or medical conditions related to breastfeeding under
14     pregnancy, childbirth, or pregnancy-related conditions; and
15          ▸     makes technical changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          34A-5-102, as last amended by Laws of Utah 2011, Chapter 413

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 34A-5-102 is amended to read:

26          34A-5-102. Definitions -- Unincorporated entities.
27          (1) As used in this chapter:
28          (a) "Apprenticeship" means a program for the training of apprentices including a
29     program providing the training of those persons defined as apprentices by Section 35A-6-102.
30          (b) "Bona fide occupational qualification" means a characteristic applying to an
31     employee that:
32          (i) is necessary to the operation; or
33          (ii) is the essence of the employee's employer's business.
34          (c) "Court" means:
35          (i) the district court in the judicial district of the state in which the asserted unfair
36     employment practice occurred; or
37          (ii) if this court is not in session at that time, a judge of the court described in
38     Subsection (1)(c)(i).
39          (d) "Director" means the director of the division.
40          (e) "Disability" means a physical or mental disability as defined and covered by the
41     Americans with Disabilities Act of 1990, 42 U.S.C. Sec. 12102.
42          (f) "Division" means the Division of Antidiscrimination and Labor.
43          (g) "Employee" means any person applying with or employed by an employer.
44          (h) (i) "Employer" means:
45          (A) the state;
46          (B) any political subdivision;
47          (C) a board, commission, department, institution, school district, trust, or agent of the
48     state or its political subdivisions; or
49          (D) a person employing 15 or more employees within the state for each working day in
50     each of 20 calendar weeks or more in the current or preceding calendar year.
51          (ii) "Employer" does not include:
52          (A) a religious organization or association;
53          (B) a religious corporation sole; or
54          (C) any corporation or association constituting a wholly owned subsidiary or agency of
55     any religious organization or association or religious corporation sole.
56          (i) "Employment agency" means any person:

57          (i) undertaking to procure employees or opportunities to work for any other person; or
58          (ii) holding the person out to be equipped to take an action described in Subsection
59     (1)(i)(i).
60          (j) "Joint apprenticeship committee" means any association of representatives of a
61     labor organization and an employer providing, coordinating, or controlling an apprentice
62     training program.
63          (k) "Labor organization" means any organization that exists for the purpose in whole or
64     in part of:
65          (i) collective bargaining;
66          (ii) dealing with employers concerning grievances, terms or conditions of employment;
67     or
68          (iii) other mutual aid or protection in connection with employment.
69          (l) "National origin" means the place of birth, domicile, or residence of an individual or
70     of an individual's ancestors.
71          (m) "On-the-job-training" means any program designed to instruct a person who, while
72     learning the particular job for which the person is receiving instruction:
73          (i) is also employed at that job; or
74          (ii) may be employed by the employer conducting the program during the course of the
75     program, or when the program is completed.
76          (n) "Person" means one or more individuals, partnerships, associations, corporations,
77     legal representatives, trusts or trustees, receivers, the state and all political subdivisions and
78     agencies of the state.
79          (o) "Pregnancy, childbirth, or pregnancy-related conditions" includes breastfeeding or
80     medical conditions related to breastfeeding.
81          [(o)] (p) "Presiding officer" means the same as that term is defined in Section
82     63G-4-103.
83          [(p)] (q) "Prohibited employment practice" means a practice specified as
84     discriminatory, and therefore unlawful, in Section 34A-5-106.
85          [(q)] (r) "Retaliate" means the taking of adverse action by an employer, employment
86     agency, labor organization, apprenticeship program, on-the-job training program, or vocational
87     school against one of its employees, applicants, or members because the employee, applicant,

88     or member has:
89          (i) opposed any employment practice prohibited under this chapter; or
90          (ii) filed charges, testified, assisted, or participated in any way in any proceeding,
91     investigation, or hearing under this chapter.
92          [(r)] (s) "Unincorporated entity" means an entity organized or doing business in the
93     state that is not:
94          (i) an individual;
95          (ii) a corporation; or
96          (iii) publicly traded.
97          [(s)] (t) "Vocational school" means any school or institution conducting a course of
98     instruction, training, or retraining to prepare individuals to follow an occupation or trade, or to
99     pursue a manual, technical, industrial, business, commercial, office, personal services, or other
100     nonprofessional occupations.
101          (2) (a) For purposes of this chapter, an unincorporated entity that is required to be
102     licensed under Title 58, Chapter 55, Utah Construction Trades Licensing Act, is presumed to
103     be the employer of each individual who, directly or indirectly, holds an ownership interest in
104     the unincorporated entity.
105          (b) Pursuant to rules made by the commission in accordance with Title 63G, Chapter 3,
106     Utah Administrative Rulemaking Act, an unincorporated entity may rebut the presumption
107     under Subsection (2)(a) for an individual by establishing by clear and convincing evidence that
108     the individual:
109          (i) is an active manager of the unincorporated entity;
110          (ii) directly or indirectly holds at least an 8% ownership interest in the unincorporated
111     entity; or
112          (iii) is not subject to supervision or control in the performance of work by:
113          (A) the unincorporated entity; or
114          (B) a person with whom the unincorporated entity contracts.
115          (c) As part of the rules made under Subsection (2)(b), the commission may define:
116          (i) "active manager";
117          (ii) "directly or indirectly holds at least an 8% ownership interest"; and
118          (iii) "subject to supervision or control in the performance of work."