1     
ANTIDISCRIMINATION AND RELIGIOUS FREEDOM

2     
AMENDMENTS

3     
2015 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsors: Stephen H. Urquhart and J. Stuart Adams

6     
House Sponsor: Brad L. Dee

7     

8     LONG TITLE
9     General Description:
10          This bill modifies the Utah Antidiscrimination Act and the Utah Fair Housing Act to
11     address discrimination and religious freedoms.
12     Highlighted Provisions:
13          This bill:
14          ▸     modifies definition provisions related to employment and housing discrimination,
15     including defining "employer," "gender identity," and "sexual orientation";
16          ▸     includes sexual orientation and gender identity as prohibited bases for
17     discrimination in employment;
18          ▸     provides that the remedies in the Utah Antidiscrimination Act and the Utah Fair
19     Housing Act preempt local government remedies;
20          ▸     provides that protections for employment and housing do not create a special or
21     protected class for other purposes;
22          ▸     modifies powers of the Division of Antidiscrimination and Labor;
23          ▸     addresses the Utah Antidiscrimination Act's application to:
24               •     employee dress and grooming standards;
25               •     sex-specific facilities; and
26               •     freedom of expressive association and the free exercise of religion;
27          ▸     addresses employee free speech in the workplace;
28          ▸     prohibits an employer from taking certain actions in response to certain employee
29     speech outside the workplace;
30          ▸     modifies exemptions to the Utah Fair Housing Act;
31          ▸     includes sexual orientation and gender identity as prohibited bases for
32     discrimination in housing;
33          ▸     includes nonseverability clauses; and
34          ▸     makes technical and conforming amendments.
35     Money Appropriated in this Bill:
36          None
37     Other Special Clauses:
38          This bill provides revisor instructions.
39     Utah Code Sections Affected:
40     AMENDS:
41          34A-5-102, as last amended by Laws of Utah 2011, Chapter 413
42          34A-5-104, as last amended by Laws of Utah 2012, Chapter 369
43          34A-5-106, as last amended by Laws of Utah 2013, Chapter 278
44          34A-5-107, as last amended by Laws of Utah 2008, Chapter 382
45          57-21-2, as last amended by Laws of Utah 2010, Chapter 379
46          57-21-3, as last amended by Laws of Utah 1993, Chapter 114
47          57-21-5, as last amended by Laws of Utah 2011, Chapter 366
48          57-21-6, as last amended by Laws of Utah 1993, Chapter 114
49          57-21-7, as last amended by Laws of Utah 1993, Chapter 114
50          57-21-12, as last amended by Laws of Utah 1999, Chapter 160
51     ENACTS:
52          34A-5-102.5, Utah Code Annotated 1953
53          34A-5-102.7, Utah Code Annotated 1953
54          34A-5-109, Utah Code Annotated 1953
55          34A-5-110, Utah Code Annotated 1953
56          34A-5-111, Utah Code Annotated 1953
57          34A-5-112, Utah Code Annotated 1953
58          57-21-2.5, Utah Code Annotated 1953
59          57-21-2.7, Utah Code Annotated 1953
60     Utah Code Sections Affected by Revisor Instructions:
61          34A-5-102.7, Utah Code Annotated 1953
62          57-21-2.7, Utah Code Annotated 1953
63     

64     Be it enacted by the Legislature of the state of Utah:
65          Section 1. Section 34A-5-102 is amended to read:
66          34A-5-102. Definitions -- Unincorporated entities.
67          (1) As used in this chapter:
68          (a) "Affiliate" means the same as that term is defined in Section 16-6a-102.
69          [(a)] (b) "Apprenticeship" means a program for the training of apprentices including a
70     program providing the training of those persons defined as apprentices by Section 35A-6-102.
71          [(b)] (c) "Bona fide occupational qualification" means a characteristic applying to an
72     employee that:
73          (i) is necessary to the operation; or
74          (ii) is the essence of the employee's employer's business.
75          [(c)] (d) "Court" means:
76          (i) the district court in the judicial district of the state in which the asserted unfair
77     employment practice [occurred] occurs; or
78          (ii) if [this] the district court is not in session at that time, a judge of the court described
79     in Subsection (1)[(c)](d)(i).
80          [(d)] (e) "Director" means the director of the division.
81          [(e)] (f) "Disability" means a physical or mental disability as defined and covered by
82     the Americans with Disabilities Act of 1990, 42 U.S.C. Sec. 12102.
83          [(f)] (g) "Division" means the Division of Antidiscrimination and Labor.
84          [(g)] (h) "Employee" means [any] a person applying with or employed by an employer.
85          [(h)] (i) (i) "Employer" means:
86          (A) the state;
87          (B) [any] a political subdivision;
88          (C) a board, commission, department, institution, school district, trust, or agent of the
89     state or [its] a political [subdivisions] subdivision of the state; or
90          (D) a person employing 15 or more employees within the state for each working day in
91     each of 20 calendar weeks or more in the current or preceding calendar year.
92          (ii) "Employer" does not include:
93          (A) a religious organization [or association], a religious corporation sole, a religious
94     association, a religious society, a religious educational institution, or a religious leader, when
95     that individual is acting in the capacity of a religious leader;
96          [(B) a religious corporation sole; or]
97          [(C)] (B) any corporation or association constituting an affiliate, a wholly owned
98     subsidiary, or an agency of any religious organization [or association or religious corporation
99     sole.], religious corporation sole, religious association, or religious society; or
100          (C) the Boy Scouts of America or its councils, chapters, or subsidiaries.
101          [(i)] (j) "Employment agency" means [any] a person:
102          (i) undertaking to procure employees or opportunities to work for any other person; or
103          (ii) holding the person out to be equipped to take an action described in Subsection
104     (1)[(i)](j)(i).
105          (k) "Gender identity" has the meaning provided in the Diagnostic and Statistical
106     Manual (DSM-5). A person's gender identity can be shown by providing evidence, including,
107     but not limited to, medical history, care or treatment of the gender identity, consistent and
108     uniform assertion of the gender identity, or other evidence that the gender identity is sincerely
109     held, part of a person's core identity, and not being asserted for an improper purpose.
110          [(j)] (l) "Joint apprenticeship committee" means [any] an association of representatives
111     of a labor organization and an employer providing, coordinating, or controlling an apprentice
112     training program.
113          [(k)] (m) "Labor organization" means [any] an organization that exists for the purpose
114     in whole or in part of:
115          (i) collective bargaining;
116          (ii) dealing with employers concerning grievances, terms or conditions of employment;
117     or
118          (iii) other mutual aid or protection in connection with employment.
119          [(l)] (n) "National origin" means the place of birth, domicile, or residence of an
120     individual or of an individual's ancestors.
121          [(m)] (o) "On-the-job-training" means [any] a program designed to instruct a person
122     who, while learning the particular job for which the person is receiving instruction:
123          (i) is also employed at that job; or
124          (ii) may be employed by the employer conducting the program during the course of the
125     program, or when the program is completed.
126          [(n)] (p) "Person" means:
127          (i) one or more individuals, partnerships, associations, corporations, legal
128     representatives, trusts or trustees, or receivers[,];
129          (ii) the state; and [all political subdivisions and agencies of the state.]
130          (iii) a political subdivision of the state.
131          [(o)] (q) "Presiding officer" means the same as that term is defined in Section
132     63G-4-103.
133          [(p)] (r) "Prohibited employment practice" means a practice specified as
134     discriminatory, and therefore unlawful, in Section 34A-5-106.
135          (s) "Religious leader" means an individual who is associated with, and is an authorized
136     representative of, a religious organization or association or a religious corporation sole,
137     including a member of clergy, a minister, a pastor, a priest, a rabbi, an imam, or a spiritual
138     advisor.
139          [(q)] (t) "Retaliate" means the taking of adverse action by an employer, employment
140     agency, labor organization, apprenticeship program, on-the-job training program, or vocational
141     school against one of its employees, applicants, or members because the employee, applicant,
142     or member [has]:
143          (i) [opposed any] opposes an employment practice prohibited under this chapter; or
144          (ii) [filed charges, testified, assisted, or participated] files charges, testifies, assists, or
145     participates in any way in [any] a proceeding, investigation, or hearing under this chapter.
146          (u) "Sexual orientation" means an individual's actual or perceived orientation as
147     heterosexual, homosexual, or bisexual.
148          [(r)] (v) "Unincorporated entity" means an entity organized or doing business in the
149     state that is not:
150          (i) an individual;
151          (ii) a corporation; or
152          (iii) publicly traded.
153          [(s)] (w) "Vocational school" means [any] a school or institution conducting a course
154     of instruction, training, or retraining to prepare individuals to follow an occupation or trade, or
155     to pursue a manual, technical, industrial, business, commercial, office, personal services, or
156     other nonprofessional occupations.
157          (2) (a) For purposes of this chapter, an unincorporated entity that is required to be
158     licensed under Title 58, Chapter 55, Utah Construction Trades Licensing Act, is presumed to
159     be the employer of each individual who, directly or indirectly, holds an ownership interest in
160     the unincorporated entity.
161          (b) Pursuant to rules made by the commission in accordance with Title 63G, Chapter 3,
162     Utah Administrative Rulemaking Act, an unincorporated entity may rebut the presumption
163     under Subsection (2)(a) for an individual by establishing by clear and convincing evidence that
164     the individual:
165          (i) is an active manager of the unincorporated entity;
166          (ii) directly or indirectly holds at least an 8% ownership interest in the unincorporated
167     entity; or
168          (iii) is not subject to supervision or control in the performance of work by:
169          (A) the unincorporated entity; or
170          (B) a person with whom the unincorporated entity contracts.
171          (c) As part of the rules made under Subsection (2)(b), the commission may define:
172          (i) "active manager";
173          (ii) "directly or indirectly holds at least an 8% ownership interest"; and
174          (iii) "subject to supervision or control in the performance of work."
175          Section 2. Section 34A-5-102.5 is enacted to read:
176          34A-5-102.5. Supremacy over local regulations -- No special class created for
177     other purposes.
178          (1) Consistent with the requirements of Subsection 34A-5-107(15), this chapter
179     supersedes and preempts any ordinance, regulation, standard, or other legal action by a local
180     government entity, a state entity, or the governing body of a political subdivision that relates to
181     the prohibition of discrimination in employment.
182          (2) This chapter shall not be construed to create a special or protected class for any
183     purpose other than employment.
184          Section 3. Section 34A-5-102.7 is enacted to read:
185          34A-5-102.7. Nonseverability.
186          This bill is the result of the Legislature's balancing of competing interests.
187     Accordingly, if any phrase, clause, sentence, provision, or subsection enacted or amended in
188     this chapter by this bill is held invalid in a final judgment by a court of last resort, the
189     remainder of the enactments and amendments of this bill affecting this chapter shall be thereby
190     rendered without effect and void.
191          Section 4. Section 34A-5-104 is amended to read:
192          34A-5-104. Powers.
193          (1) (a) The commission has jurisdiction over the subject of employment practices and
194     discrimination made unlawful by this chapter.
195          (b) The commission may adopt, publish, amend, and rescind rules, consistent with, and
196     for the enforcement of this chapter.
197          (2) The division may:
198          (a) appoint and prescribe the duties of [investigators and other employees and agents
199     that it] an investigator, other employee, or agent of the commission that the commission
200     considers necessary for the enforcement of this chapter;
201          (b) receive, reject, investigate, and pass upon complaints alleging:
202          (i) discrimination in:
203          (A) employment;
204          (B) an apprenticeship [programs] program;
205          (C) an on-the-job training [programs] program; [and] or
206          (D) a vocational [schools] school; or
207          (ii) the existence of a discriminatory or prohibited employment practice by:
208          (A) a person;
209          (B) an employer;
210          (C) an employment agency;
211          (D) a labor organization;
212          (E) [the employees or members] an employee or member of an employment agency or
213     labor organization;
214          (F) a joint apprenticeship committee; and
215          (G) a vocational school;
216          (c) investigate and study the existence, character, causes, and extent of discrimination
217     in employment, apprenticeship programs, on-the-job training programs, and vocational schools
218     in this state by:
219          (i) employers;
220          (ii) employment agencies;
221          (iii) labor organizations;
222          (iv) joint apprenticeship committees; and
223          (v) vocational schools;
224          (d) formulate plans for the elimination of discrimination by educational or other
225     means;
226          (e) hold hearings upon complaint made against:
227          (i) a person;
228          (ii) an employer;
229          (iii) an employment agency;
230          (iv) a labor organization;
231          (v) [the employees or members] an employee or member of an employment agency or
232     labor organization;
233          (vi) a joint apprenticeship committee; or
234          (vii) a vocational school;
235          (f) issue publications and reports of investigations and research that:
236          (i) promote good will among the various racial, religious, and ethnic groups of the
237     state; and
238          (ii) minimize or eliminate discrimination in employment because of race, color, sex,
239     religion, national origin, age, [or] disability, sexual orientation, or gender identity;
240          (g) prepare and transmit to the governor, at least once each year, reports describing:
241          (i) [its] the division's proceedings, investigations, and hearings;
242          (ii) the outcome of those hearings;
243          (iii) decisions the division [has rendered] renders; and
244          (iv) the other work performed by the division;
245          (h) recommend policies to the governor, and submit recommendation to employers,
246     employment agencies, and labor organizations to implement those policies;
247          (i) recommend [any] legislation to the governor that the division considers necessary
248     concerning discrimination because of:
249          (i) race[,];
250          (ii) sex[,];
251          (iii) color[,];
252          (iv) national origin[,];
253          (v) religion[,];
254          (vi) age[, or];
255          (vii) disability [to the governor that it considers necessary; and];
256          (viii) sexual orientation; or
257          (ix) gender identity; and
258          (j) within the limits of [any] appropriations made for its operation, cooperate with other
259     agencies or organizations, both public and private, in the planning and conducting of
260     educational programs designed to eliminate discriminatory practices prohibited under this
261     chapter.
262          (3) The division shall investigate an alleged discriminatory [practices] practice
263     involving [officers or employees] an officer or employee of state government if requested to do
264     so by the Career Service Review Office.
265          (4) (a) In [any] a hearing held under this chapter, the division may:
266          (i) subpoena witnesses and compel their attendance at the hearing;
267          (ii) administer oaths and take the testimony of [any] a person under oath; and
268          (iii) compel [any] a person to produce for examination [any books, papers] a book,
269     paper, or other information relating to the matters raised by the complaint.
270          (b) The division director or a hearing examiner appointed by the division director may
271     conduct [hearings] a hearing.
272          (c) If a witness fails or refuses to obey a subpoena issued by the division, the division
273     may petition the district court to enforce the subpoena.
274          (d) [In the event] If a witness asserts a privilege against self-incrimination, testimony
275     and evidence from the witness may be compelled pursuant to Title 77, Chapter 22b, Grants of
276     Immunity.
277          Section 5. Section 34A-5-106 is amended to read:
278          34A-5-106. Discriminatory or prohibited employment practices -- Permitted
279     practices.
280          (1) It is a discriminatory or prohibited employment practice to take [any] an action
281     described in Subsections (1)(a) through (f).
282          (a) (i) An employer may not refuse to hire, promote, discharge, demote, or terminate
283     [any] a person, or to retaliate against, harass, or discriminate in matters of compensation or in
284     terms, privileges, and conditions of employment against [any] a person otherwise qualified,
285     because of:
286          (A) race;
287          (B) color;
288          (C) sex;
289          (D) pregnancy, childbirth, or pregnancy-related conditions;
290          (E) age, if the individual is 40 years of age or older;
291          (F) religion;
292          (G) national origin; [or]
293          (H) disability[.];
294          (I) sexual orientation; or
295          (J) gender identity.
296          (ii) A person may not be considered "otherwise qualified," unless that person possesses
297     the following required by an employer for any particular job, job classification, or position:
298          (A) education;
299          (B) training;
300          (C) ability, with or without reasonable accommodation;
301          (D) moral character;
302          (E) integrity;
303          (F) disposition to work;
304          (G) adherence to reasonable rules and regulations; and
305          (H) other job related qualifications required by an employer.
306          (iii) (A) As used in this chapter, "to discriminate in matters of compensation" means
307     the payment of differing wages or salaries to employees having substantially equal experience,
308     responsibilities, and skill for the particular job.
309          (B) Notwithstanding Subsection (1)(a)(iii)(A):
310          (I) nothing in this chapter prevents [increases] an increase in pay as a result of
311     longevity with the employer, if the salary [increases are] increase is uniformly applied and
312     available to all employees on a substantially proportional basis; and
313          (II) nothing in this section prohibits an employer and employee from agreeing to a rate
314     of pay or work schedule designed to protect the employee from loss of Social Security payment
315     or benefits if the employee is eligible for those payments.
316          (b) An employment agency may not:
317          (i) refuse to list and properly classify for employment, or refuse to refer an individual
318     for employment, in a known available job for which the individual is otherwise qualified,
319     because of:
320          (A) race;
321          (B) color;
322          (C) sex;
323          (D) pregnancy, childbirth, or pregnancy-related conditions;
324          (E) religion;
325          (F) national origin;
326          (G) age, if the individual is 40 years of age or older; [or]
327          (H) disability; [or]
328          (I) sexual orientation; or
329          (J) gender identity; or
330          (ii) comply with a request from an employer for referral of [applicants] an applicant for
331     employment if the request indicates either directly or indirectly that the employer discriminates
332     in employment on account of:
333          (A) race;
334          (B) color;
335          (C) sex;
336          (D) pregnancy, childbirth, or pregnancy-related conditions;
337          (E) religion;
338          (F) national origin;
339          (G) age, if the individual is 40 years of age or older; [or]
340          (H) disability[.];
341          (I) sexual orientation; or
342          (J) gender identity.
343          (c) (i) A labor organization may not for a reason listed in Subsection (1)(c)(ii):
344          (A) exclude [any] an individual otherwise qualified from full membership rights in the
345     labor organization[,];
346          (B) expel the individual from membership in the labor organization[,]; or
347          (C) otherwise discriminate against or harass [any of the labor organization's members]
348     a member of the labor organization in full employment of work opportunity, or representation[,
349     because of:].
350          (ii) A labor organization may not take an action listed in this Subsection (1)(c) because
351     of:
352          [(i)] (A) race;
353          [(ii)] (B) sex;
354          [(iii)] (C) pregnancy, childbirth, or pregnancy-related conditions;
355          [(iv)] (D) religion;
356          [(v)] (E) national origin;
357          [(vi)] (F) age, if the individual is 40 years of age or older; [or]
358          [(vii)] (G) disability[.];
359          (H) sexual orientation; or
360          (I) gender identity.
361          (d) (i) Unless based upon a bona fide occupational qualification, or required by and
362     given to an agency of government for a security [reasons] reason, an employer, employment
363     agency, or labor organization may not do the following if the statement, advertisement,
364     publication, form, or inquiry violates Subsection (1)(d)(ii):
365          (A) print, [or] circulate, or cause to be printed or circulated[, any] a statement,
366     advertisement, or publication[,];
367          (B) use [any] a form of application for employment or membership[,]; or
368          (C) make any inquiry in connection with prospective employment or membership [that
369     expresses, either directly or indirectly: (i) any].
370          (ii) This Subsection (1)(d) applies to a statement, advertisement, publication, form, or
371     inquiry that directly expresses a limitation, specification, or discrimination as to:
372          (A) race;
373          (B) color;
374          (C) religion;
375          (D) sex;
376          (E) pregnancy, childbirth, or pregnancy-related conditions;
377          (F) national origin;
378          (G) age, if the individual is 40 years of age or older; [or]
379          (H) disability; [or]
380          [(ii) the intent to make any limitation, specification, or discrimination described in
381     Subsection (1)(d)(i).]
382          (I) sexual orientation; or
383          (J) gender identity.
384          (e) A person, whether or not an employer, an employment agency, a labor organization,
385     or [the employees or members] an employee or member of an employer, employment agency,
386     or labor organization, may not:
387          (i) aid, incite, compel, or coerce the doing of an act defined in this section to be a
388     discriminatory or prohibited employment practice;
389          (ii) obstruct or prevent [any] a person from complying with this chapter, or any order
390     issued under this chapter; or
391          (iii) attempt, either directly or indirectly, to commit [any] an act prohibited in this
392     section.
393          (f) (i) An employer, labor organization, joint apprenticeship committee, or vocational
394     school[,] providing, coordinating, or controlling an apprenticeship [programs,] program or
395     providing, coordinating, or controlling an on-the-job-training [programs] program, instruction,
396     training, or retraining [programs] program may not:
397          (A) deny to, or withhold from, any qualified person[,] the right to be admitted to[,] or
398     participate in [any] an apprenticeship training program, on-the-job-training program, or other
399     occupational instruction, training, or retraining program because of:
400          (I) race;
401          (II) color;
402          (III) sex;
403          (IV) pregnancy, childbirth, or pregnancy-related conditions;
404          (V) religion;
405          (VI) national origin;
406          (VII) age, if the individual is 40 years of age or older; [or]
407          (VIII) disability;
408          (IX) sexual orientation; or
409          (X) gender identity;
410          (B) discriminate against or harass [any] a qualified person in that person's pursuit of
411     [programs] a program described in Subsection (1)(f)(i)(A)[, or to] because of:
412          (I) race;
413          (II) color;
414          (III) sex;
415          (IV) pregnancy, childbirth, or pregnancy-related conditions;
416          (V) religion;
417          (VI) national origin;
418          (VII) age, if the individual is 40 years of age or older;
419          (VIII) disability;
420          (IX) sexual orientation; or
421          (X) gender identity;
422          (C) discriminate against [such] a qualified person in the terms, conditions, or privileges
423     of [programs] a program described in Subsection (1)(f)(i)(A), because of:
424          (I) race;
425          (II) color;
426          (III) sex;
427          (IV) pregnancy, childbirth, or pregnancy-related conditions;
428          (V) religion;
429          (VI) national origin;
430          (VII) age, if the individual is 40 years of age or older; [or]
431          (VIII) disability; [or]
432          (IX) sexual orientation; or
433          (X) gender identity; or
434          [(C)] (D) except as provided in Subsection (1)(f)(ii), print, publish, or cause to be
435     printed or published, [any] a notice or advertisement relating to employment by the employer,
436     or membership in or [any] a classification or referral for employment by a labor organization,
437     or relating to [any] a classification or referral for employment by an employment agency,
438     indicating [any] a preference, limitation, specification, or discrimination based on:
439          (I) race;
440          (II) color;
441          (III) sex;
442          (IV) pregnancy, childbirth, or pregnancy-related conditions;
443          (V) religion;
444          (VI) national origin;
445          (VII) age, if the individual is 40 years of age or older; [or]
446          (VIII) disability[.];
447          (IX) sexual orientation; or
448          (X) gender identity.
449          (ii) Notwithstanding Subsection (1)(f)(i)[(C)](D), if the following is a bona fide
450     occupational qualification for employment, a notice or advertisement described in Subsection
451     (1)(f)(i)[(C)](D) may indicate a preference, limitation, specification, or discrimination based
452     on:
453          (A) race;
454          (B) color;
455          (C) religion;
456          (D) sex;
457          (E) pregnancy, childbirth, or pregnancy-related conditions;
458          (F) age;
459          (G) national origin; [or]
460          (H) disability[.];
461          (I) sexual orientation; or
462          (J) gender identity.
463          (2) [Nothing contained in] Subsections (1)(a) through (1)(f) [shall] may not be
464     construed to prevent:
465          (a) the termination of employment of an individual who, with or without reasonable
466     accommodation, is physically, mentally, or emotionally unable to perform the duties required
467     by that individual's employment;
468          (b) the variance of insurance premiums or coverage on account of age; or
469          (c) a restriction on the activities of [individuals licensed by the liquor authority with
470     respect to persons] a person licensed in accordance with Title 32B, Alcoholic Beverage Control
471     Act, with respect to an individual who is under 21 years of age.
472          (3) (a) It is not a discriminatory or prohibited employment practice:
473          (i) for an employer to hire and employ [employees] an employee, for an employment
474     agency to classify or refer for employment [any] an individual, for a labor organization to
475     classify its membership or to classify or refer for employment [any] an individual, or for an
476     employer, labor organization, or joint labor-management committee controlling an
477     apprenticeship or other training or retraining [programs] program to admit or employ [any] an
478     individual in [any such] the program[,] on the basis of religion, sex, pregnancy, childbirth, or
479     pregnancy-related conditions, age, national origin, [or] disability, sexual orientation, or gender
480     identity in those certain instances [where] when religion, sex, pregnancy, childbirth, or
481     pregnancy-related conditions, age, if the individual is 40 years of age or older, national origin,
482     [or] disability, sexual orientation, or gender identity is a bona fide occupational qualification
483     reasonably necessary to the normal operation of that particular business or enterprise;
484          (ii) for a school, college, university, or other educational institution to hire and employ
485     [employees] an employee of a particular religion if:
486          (A) the school, college, university, or other educational institution is, in whole or in
487     substantial part, owned, supported, controlled, or managed by a particular religious corporation,
488     association, or society; or
489          (B) the curriculum of the school, college, university, or other educational institution is
490     directed toward the propagation of a particular religion;
491          (iii) for an employer to give preference in employment to:
492          (A) the employer's:
493          (I) spouse;
494          (II) child; or
495          (III) son-in-law or daughter-in-law;
496          (B) [any] a person for whom the employer is or would be liable to furnish financial
497     support if [those persons] the person were unemployed;
498          (C) [any] a person to whom the employer during the preceding six months [has
499     furnished] furnishes more than one-half of total financial support regardless of whether or not
500     the employer was or is legally obligated to furnish support; or
501          (D) [any] a person whose education or training [was] is substantially financed by the
502     employer for a period of two years or more.
503          (b) Nothing in this chapter applies to [any] a business or enterprise on or near an Indian
504     reservation with respect to [any] a publicly announced employment practice of the business or
505     enterprise under which preferential treatment is given to [any] an individual because that
506     individual is a native American Indian living on or near an Indian reservation.
507          (c) Nothing in this chapter [shall] may be interpreted to require [any] an employer,
508     employment agency, labor organization, vocational school, joint labor-management committee,
509     or apprenticeship program subject to this chapter to grant preferential treatment to [any] an
510     individual or to [any] a group because of the race, color, religion, sex, age, national origin, [or]
511     disability, sexual orientation, or gender identity of the individual or group on account of an
512     imbalance [which] that may exist with respect to the total number or percentage of persons of
513     [any] a race, color, religion, sex, age, national origin, [or] disability, sexual orientation, or
514     gender identity employed by [any] an employer, referred or classified for employment by an
515     employment agency or labor organization, admitted to membership or classified by [any] a
516     labor organization, or admitted to or employed in, any apprenticeship or other training
517     program, in comparison with the total number or percentage of persons of that race, color,
518     religion, sex, age, national origin, [or] disability, sexual orientation, or gender identity in any
519     community or county or in the available work force in any community or county.
520          (4) It is not a discriminatory or prohibited practice with respect to age to observe the
521     terms of a bona fide seniority system or any bona fide employment benefit plan such as a
522     retirement, pension, or insurance plan that is not a subterfuge to evade the purposes of this
523     chapter, except that [no such] an employee benefit plan [shall] may not excuse the failure to
524     hire an individual.
525          (5) Notwithstanding Subsection (4), or [any other statutory provision] another statute to
526     the contrary, a person may not be subject to involuntary termination or retirement from
527     employment on the basis of age alone, if the individual is 40 years of age or older, except:
528          (a) under Subsection (6); and
529          (b) when age is a bona fide occupational qualification.
530          (6) Nothing in this section prohibits compulsory retirement of an employee who has
531     attained at least 65 years of age, and who, for the two-year period immediately before
532     retirement, is employed in a bona fide executive or a high policymaking position, if:
533          (a) that employee is entitled to an immediate nonforfeitable annual retirement benefit
534     from the employee's employer's pension, profit-sharing, savings, or deferred compensation
535     plan, or any combination of those plans; and
536          (b) the benefit described in Subsection (6)(a) equals, in the aggregate, at least $44,000.
537          Section 6. Section 34A-5-107 is amended to read:
538          34A-5-107. Procedure for aggrieved person to file claim -- Investigations --
539     Adjudicative proceedings -- Settlement -- Reconsideration -- Determination.
540          (1) (a) [Any] A person claiming to be aggrieved by a discriminatory or prohibited
541     employment practice may, or that person's attorney or agent may, make, sign, and file with the
542     division a request for agency action.
543          (b) [Every] A request for agency action shall be verified under oath or affirmation.
544          (c) A request for agency action made under this section shall be filed within 180 days
545     after the alleged discriminatory or prohibited employment practice [occurred] occurs.
546          (d) The division may transfer a request for agency action filed with the division
547     pursuant to this section to the federal Equal Employment Opportunity Commission in
548     accordance with [the provisions of any] a work-share agreement that is:
549          (i) between the division and the Equal Employment Opportunity Commission; and
550          (ii) in effect on the day on which the request for agency action is transferred.
551          (2) [Any] An employer, labor organization, joint apprenticeship committee, or
552     vocational school who has an employee or member who refuses or threatens to refuse to
553     comply with this chapter may file with the division a request for agency action asking the
554     division for assistance to obtain the employee's or member's compliance by conciliation or
555     other remedial action.
556          (3) (a) Before a hearing is set or held as part of any adjudicative proceeding, the
557     division shall promptly assign an investigator to attempt a settlement between the parties by
558     conference, conciliation, or persuasion.
559          (b) If no settlement is reached, the investigator shall make a prompt impartial
560     investigation of all allegations made in the request for agency action.
561          (c) The division and its staff, agents, and employees:
562          (i) shall conduct every investigation in fairness to all parties and agencies involved;
563     and
564          (ii) may not attempt a settlement between the parties if it is clear that no discriminatory
565     or prohibited employment practice has occurred.
566          (d) An aggrieved party may withdraw the request for agency action prior to the
567     issuance of a final order.
568          (4) (a) If the initial attempts at settlement are unsuccessful, and the investigator
569     uncovers insufficient evidence during the investigation to support the allegations of a
570     discriminatory or prohibited employment practice set out in the request for agency action, the
571     investigator shall formally report these findings to the director or the director's designee.
572          (b) Upon receipt of the investigator's report described in Subsection (4)(a), the director
573     or the director's designee may issue a determination and order for dismissal of the adjudicative
574     proceeding.
575          (c) A party may make a written request to the Division of Adjudication for an
576     evidentiary hearing to review de novo the director's or the director's designee's determination
577     and order within 30 days of the date the determination and order for dismissal is issued.
578          (d) If the director or the director's designee receives no timely request for a hearing, the
579     determination and order issued by the director or the director's designee becomes the final order
580     of the commission.
581          (5) (a) If the initial attempts at settlement are unsuccessful and the investigator
582     uncovers sufficient evidence during the investigation to support the allegations of a
583     discriminatory or prohibited employment practice set out in the request for agency action, the
584     investigator shall formally report these findings to the director or the director's designee.
585          (b) (i) Upon receipt of the investigator's report described in Subsection (5)(a), the
586     director or the director's designee may issue a determination and order based on the
587     investigator's report.
588          (ii) A determination and order issued under this Subsection (5)(b) shall:
589          (A) direct the respondent to cease any discriminatory or prohibited employment
590     practice; and
591          (B) provide relief to the aggrieved party as the director or the director's designee
592     determines is appropriate.
593          (c) A party may file a written request to the Division of Adjudication for an evidentiary
594     hearing to review de novo the director's or the director's designee's determination and order
595     within 30 days of the date the determination and order is issued.
596          (d) If the director or the director's designee receives no timely request for a hearing, the
597     determination and order issued by the director or the director's designee in accordance with
598     Subsection (5)(b) becomes the final order of the commission.
599          (6) In [any] an adjudicative proceeding to review the director's or the director's
600     designee's determination that a prohibited employment practice has occurred, the division shall
601     present the factual and legal basis of the determination or order issued under Subsection (5).
602          (7) (a) [Prior to] Before the commencement of an evidentiary hearing:
603          (i) the party filing the request for agency action may reasonably and fairly amend any
604     allegation; and
605          (ii) the respondent may amend its answer.
606          (b) An amendment permitted under this Subsection (7) may be made:
607          (i) during or after a hearing; and
608          (ii) only with permission of the presiding officer.
609          (8) (a) If, upon reviewing all the evidence at a hearing, the presiding officer finds that a
610     respondent has not engaged in a discriminatory or prohibited employment practice, the
611     presiding officer shall issue an order dismissing the request for agency action containing the
612     allegation of a discriminatory or prohibited employment practice.
613          (b) The presiding officer may order that the respondent be reimbursed by the
614     complaining party for the respondent's attorneys' fees and costs.
615          (9) If, upon reviewing all the evidence at the hearing, the presiding officer finds that a
616     respondent has engaged in a discriminatory or prohibited employment practice, the presiding
617     officer shall issue an order requiring the respondent to:
618          (a) cease any discriminatory or prohibited employment practice; and
619          (b) provide relief to the complaining party, including:
620          (i) reinstatement;
621          (ii) back pay and benefits;
622          (iii) [attorneys'] attorney fees; and
623          (iv) costs.
624          (10) Conciliation between the parties is to be urged and facilitated at all stages of the
625     adjudicative process.
626          (11) (a) Either party may file with the Division of Adjudication a written request for
627     review before the commissioner or Appeals Board of the order issued by the presiding officer
628     in accordance with:
629          (i) Section 63G-4-301; and
630          (ii) Chapter 1, Part 3, Adjudicative Proceedings.
631          (b) If there is no timely request for review, the order issued by the presiding officer
632     becomes the final order of the commission.
633          (12) An order of the commission under Subsection (11)(a) is subject to judicial review
634     as provided in:
635          (a) Section 63G-4-403; and
636          (b) Chapter 1, Part 3, Adjudicative Proceedings.
637          (13) The commission [shall have authority to] may make rules concerning procedures
638     under this chapter in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
639     Act.
640          (14) The commission and its staff may not divulge or make public [any] information
641     gained from [any] an investigation, settlement negotiation, or proceeding before the
642     commission except as provided in Subsections (14)(a) through (d).
643          (a) Information used by the director or the director's designee in making [any] a
644     determination may be provided to all interested parties for the purpose of preparation for and
645     participation in proceedings before the commission.
646          (b) General statistical information may be disclosed provided the identities of the
647     individuals or parties are not disclosed.
648          (c) Information may be disclosed for inspection by the attorney general or other legal
649     representatives of the state or the commission.
650          (d) Information may be disclosed for information and reporting requirements of the
651     federal government.
652          (15) The procedures contained in this section are the exclusive remedy under state law
653     for employment discrimination based upon:
654          (a) race;
655          (b) color;
656          (c) sex;
657          (d) retaliation;
658          (e) pregnancy, childbirth, or pregnancy-related conditions;
659          (f) age;
660          (g) religion;
661          (h) national origin; [or]
662          (i) disability[.];
663          (j) sexual orientation; or
664          (k) gender identity.
665          (16) (a) The commencement of an action under federal law for relief based upon [any]
666     an act prohibited by this chapter bars the commencement or continuation of [any] an
667     adjudicative proceeding before the commission in connection with the same [claims] claim
668     under this chapter.
669          (b) The transfer of a request for agency action to the Equal Employment Opportunity
670     Commission in accordance with Subsection (1)(d) is considered the commencement of an
671     action under federal law for purposes of Subsection (16)(a).
672          (c) Nothing in this Subsection (16) is intended to alter, amend, modify, or impair the
673     exclusive remedy provision set forth in Subsection (15).
674          Section 7. Section 34A-5-109 is enacted to read:
675          34A-5-109. Application to employee dress and grooming standards.
676          This chapter may not be interpreted to prohibit an employer from adopting reasonable
677     dress and grooming standards not prohibited by other provisions of federal or state law,
678     provided that the employer's dress and grooming standards afford reasonable accommodations
679     based on gender identity to all employees.
680          Section 8. Section 34A-5-110 is enacted to read:
681          34A-5-110. Application to sex-specific facilities.
682          This chapter may not be interpreted to prohibit an employer from adopting reasonable
683     rules and policies that designate sex-specific facilities, including restrooms, shower facilities,
684     and dressing facilities, provided that the employer's rules and policies adopted under this
685     section afford reasonable accommodations based on gender identity to all employees.
686          Section 9. Section 34A-5-111 is enacted to read:
687          34A-5-111. Application to the freedom of expressive association and the free
688     exercise of religion.
689          This chapter may not be interpreted to infringe upon the freedom of expressive
690     association or the free exercise of religion protected by the First Amendment of the United
691     States Constitution and Article I, Sections 1, 4, and 15 of the Utah Constitution.
692          Section 10. Section 34A-5-112 is enacted to read:
693          34A-5-112. Religious liberty protections -- Expressing beliefs and commitments in
694     workplace -- Prohibition on employment actions against certain employee speech.
695          (1) An employee may express the employee's religious or moral beliefs and
696     commitments in the workplace in a reasonable, non-disruptive, and non-harassing way on
697     equal terms with similar types of expression of beliefs or commitments allowed by the
698     employer in the workplace, unless the expression is in direct conflict with the essential
699     business-related interests of the employer.
700          (2) An employer may not discharge, demote, terminate, or refuse to hire any person, or
701     retaliate against, harass, or discriminate in matters of compensation or in terms, privileges, and
702     conditions of employment against any person otherwise qualified, for lawful expression or
703     expressive activity outside of the workplace regarding the person's religious, political, or
704     personal convictions, including convictions about marriage, family, or sexuality, unless the
705     expression or expressive activity is in direct conflict with the essential business-related
706     interests of the employer.
707          Section 11. Section 57-21-2 is amended to read:
708          57-21-2. Definitions.
709          As used in this chapter:
710          (1) "Affiliate" means the same as that term is defined in Section 16-6a-102.
711          [(1)] (2) "Aggrieved person" includes [any] a person who:
712          (a) claims to have been injured by a discriminatory housing practice; or
713          (b) believes that the person will be injured by a discriminatory housing practice that is
714     about to occur.
715          [(2)] (3) "Commission" means the Labor Commission.
716          [(3)] (4) "Complainant" means an aggrieved person, including the director, who has
717     commenced a complaint with the division.
718          [(4)] (5) "Conciliation" means the attempted resolution of [issues] an issue raised [by]
719     in a complaint of discriminatory housing practices by the investigation of the complaint
720     through informal negotiations involving the complainant, the respondent, and the division.
721          [(5)] (6) "Conciliation agreement" means a written agreement setting forth the
722     resolution of the issues in conciliation.
723          [(6)] (7) "Conciliation conference" means the attempted resolution of [issues] an issue
724     raised [by] in a complaint or by the investigation of a complaint through informal negotiations
725     involving the complainant, the respondent, and the division. The conciliation conference is not
726     subject to Title 63G, Chapter 4, Administrative Procedures Act.
727          [(7)] (8) "Covered multifamily [dwellings"] dwelling" means:
728          (a) [buildings] a building consisting of four or more dwelling units if the [buildings
729     have] building has one or more elevators; and
730          (b) the ground floor units in other buildings consisting of four or more dwelling units.
731          [(8)] (9) "Director" means the director of the division or a designee.
732          [(9)] (10) (a) "Disability" means a physical or mental impairment that substantially
733     limits one or more of a person's major life activities, including a person having a record of such
734     an impairment or being regarded as having such an impairment.
735          (b) "Disability" does not include current illegal use of, or addiction to, any federally
736     controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
737     Sec. 802.
738          [(10)] (11) "Discriminate" includes segregate or separate.
739          [(11)] (12) "Discriminatory housing practice" means an act that is unlawful under this
740     chapter.
741          [(12)] (13) "Division" means the Division of Antidiscrimination and Labor established
742     under the commission.
743          [(13) (a)] (14) "Dwelling" means [any]:
744          (a) a building or structure, or a portion of a building or structure, occupied as, [or]
745     designed as, or intended for occupancy as[,] a residence of one or more families[.]; or
746          (b) ["Dwelling" also includes] vacant land that is offered for sale or lease for the
747     construction or location of a dwelling as described in Subsection [(13)] (14)(a).
748          [(14)] (15) (a) "Familial status" means one or more individuals who have not attained
749     the age of 18 years being domiciled with:
750          (i) a parent or another person having legal custody of the [individual] one or more
751     individuals; or
752          (ii) the designee of the parent or other person having custody, with the written
753     permission of the parent or other person.
754          (b) The protections afforded against discrimination on the basis of familial status
755     [shall] apply to [any] a person who:
756          (i) is pregnant;
757          (ii) is in the process of securing legal custody of any individual who has not attained
758     the age of 18 years; or
759          (iii) is a single individual.
760          (16) "Gender identity" has the meaning provided in the Diagnostic and Statistical
761     Manual (DSM-5). A person's gender identity can be shown by providing evidence, including,
762     but not limited to, medical history, care or treatment of the gender identity, consistent and
763     uniform assertion of the gender identity, or other evidence that the gender identity is sincerely
764     held, part of a person's core identity, and not being asserted for an improper purpose.
765          [(15)] (17) "National origin" means the place of birth of an individual or of any lineal
766     ancestors.
767          [(16)] (18) "Person" includes one or more individuals, corporations, limited liability
768     companies, partnerships, associations, labor organizations, legal representatives, mutual
769     companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in
770     cases under the United States Bankruptcy Code, receivers, and fiduciaries.
771          [(17)] (19) "Presiding officer" has the same meaning as provided in Section
772     63G-4-103.
773          [(18)] (20) "Real estate broker" or "salesperson" means a principal broker, an associate
774     broker, or a sales agent as those terms are defined in Section 61-2f-102.
775          [(19)] (21) "Respondent" means a person against whom a complaint of housing
776     discrimination has been initiated.
777          [(20)] (22) "Sex" means gender and includes pregnancy, childbirth, and disabilities
778     related to pregnancy or childbirth.
779          (23) "Sexual orientation" means an individual's actual or perceived orientation as
780     heterosexual, homosexual, or bisexual.
781          [(21)] (24) "Source of income" means the verifiable condition of being a recipient of
782     federal, state, or local assistance, including medical assistance, or of being a tenant receiving
783     federal, state, or local subsidies, including rental assistance or rent supplements.
784          Section 12. Section 57-21-2.5 is enacted to read:
785          57-21-2.5. Supremacy over local regulations -- No special class created for other
786     purposes.
787          (1) This chapter supersedes and preempts any ordinance, regulation, standard, or other
788     legal action by a local government entity, a state entity, or the governing body of a political
789     subdivision that relates to the prohibition of discrimination in housing.
790          (2) This chapter shall not be construed to create a special or protected class for any
791     purpose other than housing.
792          Section 13. Section 57-21-2.7 is enacted to read:
793          57-21-2.7. Nonseverability.
794          This bill is the result of the Legislature's balancing of competing interests.
795     Accordingly, if any phrase, clause, sentence, provision, or subsection enacted or amended in
796     this chapter by this bill is held invalid in a final judgment by a court of last resort, the
797     remainder of the enactments and amendments of this bill affecting this chapter shall be thereby
798     rendered without effect and void.
799          Section 14. Section 57-21-3 is amended to read:
800          57-21-3. Exemptions -- Sale by private individuals -- Nonprofit organizations --
801     Noncommercial transactions.
802          (1) This chapter does not apply to [any] a single-family dwelling unit sold or rented by
803     its owner if:
804          (a) the owner is not a partnership, association, corporation, or other business entity;
805          (b) the owner does not own [any] an interest in four or more single-family dwelling
806     units held for sale or lease at the same time;
807          (c) during a 24-month period, the owner does not sell two or more single-family
808     dwelling units in which the owner was not residing or was not the most recent resident at the
809     time of sale;
810          (d) the owner does not retain or use the facilities or services of [any] a real estate
811     broker or salesperson; and
812          (e) the owner does not use [any] a discriminatory housing practice under Subsection
813     57-21-5(2) in the sale or rental of the dwelling.
814          (2) This chapter does not apply to a dwelling or a temporary or permanent residence
815     facility [operated by a nonprofit or charitable organization, including any dormitory operated
816     by a public or private educational institution,] if:
817          (a) the discrimination is by sex, sexual orientation, gender identity, or familial status
818     for reasons of personal modesty or privacy, or in the furtherance of a religious institution's free
819     exercise of religious rights under the First Amendment of the United States Constitution[.] or
820     the Utah Constitution; and
821          (b) the dwelling or the temporary or permanent residence facility is:
822          (i) operated by a nonprofit or charitable organization;
823          (ii) owned by, operated by, or under contract with a religious organization, a religious
824     association, a religious educational institution, or a religious society;
825          (iii) owned by, operated by, or under contract with an affiliate of an entity described in
826     Subsection (2)(b)(ii); or
827          (iv) owned by or operated by a person under contract with an entity described in
828     Subsection (2)(b)(ii).
829          (3) This chapter, except for Subsection 57-21-5(2), does not apply to the rental of a
830     room in [the] a single-family dwelling by an owner-occupant of [a] the single-family dwelling
831     to another person if:
832          (a) the dwelling is designed for occupancy by four or fewer families[,]; and
833          (b) the owner-occupant resides in one of the units.
834          [(4) This chapter does not prohibit a religious organization, association, or society, or
835     any nonprofit institution or organization operated, supervised, or controlled by or in
836     conjunction with a religious organization, association, or society, from]
837          (4) (a) (i) Unless membership in a religion is restricted by race, color, sex, or national
838     origin, this chapter does not prohibit an entity described in Subsection (4)(a)(ii) from:
839          (A) limiting the sale, rental, or occupancy of [dwellings it] a dwelling or temporary or
840     permanent residence facility the entity owns or operates for primarily noncommercial purposes
841     to persons of the same religion[,]; or [from giving preference to such persons, unless
842     membership in the religion is restricted by race, color, sex, or national origin.]
843          (B) giving preference to persons of the same religion when selling, renting, or selecting
844     occupants for a dwelling, or a temporary or permanent residence facility, the entity owns or
845     operates for primarily noncommercial purposes.
846          (ii) The following entities are entitled to the exemptions described in Subsection
847     (4)(a)(i):
848          (A) a religious organization, association, or society; or
849          (B) a nonprofit institution or organization operated, supervised, or controlled by or in
850     conjunction with a religious organization, association, or society.
851          (b) (i) This chapter does not prohibit an entity described in Subsection (4)(b)(ii) from:
852          (A) limiting the sale, rental, or occupancy of a dwelling, or a temporary or permanent
853     residence facility, the entity owns or operates to persons of a particular religion, sex, sexual
854     orientation, or gender identity; or
855          (B) giving preference to persons of a particular religion, sex, sexual orientation, or
856     gender identity when selling, renting, or selecting occupants for a dwelling, or a temporary or
857     permanent residence facility, the entity owns or operates.
858          (ii) The following entities are entitled to the exemptions described in Subsection
859     (4)(b)(i):
860          (A) an entity described in Subsection (4)(a)(ii); and
861          (B) a person who owns a dwelling, or a temporary or permanent residence facility, that
862     is under contract with an entity described in Subsection (4)(a)(ii).
863          (5) [This] (a) If the conditions of Subsection (5)(b) are met, this chapter does not
864     prohibit a private club not open to the public, including [fraternities and sororities] a fraternity
865     or sorority associated with [institutions] an institution of higher education, from:
866          (i) limiting the rental or occupancy of lodgings to members; or [from]
867          (ii) giving preference to its members[, but only if it].
868          (b) This Subsection (5) applies only if the private club owns or operates the lodgings as
869     an incident to its primary purpose and not for a commercial purpose.
870          (6) This chapter does not prohibit distinctions based on inability to fulfill the terms and
871     conditions, including financial obligations, of a lease, rental agreement, contract of purchase or
872     sale, mortgage, trust deed, or other financing agreement.
873          (7) This chapter does not prohibit [any] a nonprofit educational institution from:
874          (a) requiring its single students to live in [housing approved, operated, or owned by the
875     institution] a dwelling, or a temporary or permanent residence facility, that is owned by,
876     operated by, or under contract with the nonprofit educational institution;
877          (b) segregating [housing that the institution approves, operates, or owns] a dwelling, or
878     a temporary or permanent residence facility, that is owned by, operated by, or under contract
879     with the nonprofit educational institution on the basis of sex or familial status or both:
880          (i) for reasons of personal modesty or privacy[,]; or
881          (ii) in the furtherance of a religious institution's free exercise of religious rights under
882     the First Amendment of the United States Constitution or the Utah Constitution; or
883          (c) otherwise assisting [others] another person in making [sex-segregated housing] a
884     dwelling, or a temporary or permanent residence facility, available to students on a
885     sex-segregated basis as may be permitted by:
886          (i) regulations implementing the federal Fair Housing Amendments Act of 1988 [and];
887          (ii) Title IX of the Education Amendments of 1972[.]; or
888          (iii) other applicable law.
889          (8) This chapter does not prohibit any reasonable local, state, or federal [restrictions]
890     restriction regarding the maximum number of occupants permitted to occupy a dwelling.
891          (9) [The provisions pertaining] A provision of this chapter that pertains to familial
892     status [do] does not apply to the existence, development, sale, rental, advertisement, or
893     financing of [any] an apartment complex, condominium, or other housing development
894     designated as housing for older persons, as defined by Title VIII of the Civil Rights Act of
895     1968, as amended.
896          Section 15. Section 57-21-5 is amended to read:
897          57-21-5. Discriminatory practices enumerated -- Protected persons, classes
898     enumerated.
899          (1) It is a discriminatory housing practice to do any of the following because of a
900     person's race, color, religion, sex, national origin, familial status, source of income, [or]
901     disability, sexual orientation, or gender identity:
902          (a) (i) refuse to sell or rent after the making of a bona fide offer[,];
903          (ii) refuse to negotiate for the sale or rental[,]; or
904          (iii) otherwise deny or make unavailable [any] a dwelling from any person;
905          (b) discriminate against [any] a person in the terms, conditions, or privileges:
906          (i) of the sale or rental of [any] a dwelling; or
907          (ii) in providing facilities or services in connection with the dwelling; or
908          (c) represent to [any] a person that [any] a dwelling is not available for inspection, sale,
909     or rental when [in fact] the dwelling is available.
910          (2) It is a discriminatory housing practice to make a representation orally or in writing
911     or make, print, circulate, publish, post, or cause to be made, printed, circulated, published, or
912     posted any notice, statement, or advertisement, or to use any application form for the sale or
913     rental of a dwelling, that directly or indirectly expresses any preference, limitation, or
914     discrimination based on race, color, religion, sex, national origin, familial status, source of
915     income, [or] disability, sexual orientation, or gender identity, or expresses any intent to make
916     any such preference, limitation, or discrimination.
917          (3) It is a discriminatory housing practice to induce or attempt to induce, for profit,
918     [any] a person to buy, sell, or rent [any] a dwelling by making [representations] a
919     representation about the entry or prospective entry into the neighborhood of persons of a
920     particular race, color, religion, sex, national origin, familial status, source of income, [or]
921     disability, sexual orientation, or gender identity.
922          (4) A discriminatory housing practice includes:
923          (a) a refusal to permit, at the expense of the person with a disability, reasonable
924     modifications of existing premises occupied or to be occupied by the person if the
925     modifications are necessary to afford that person full enjoyment of the premises, except that in
926     the case of a rental, the landlord, where it is reasonable to do so, may condition permission for
927     a modification on the renter agreeing to restore the interior of the premises, when reasonable, to
928     the condition that existed before the modification, reasonable wear and tear excepted;
929          (b) a refusal to make a reasonable [accommodations in rules, policies, practices, or
930     services when the accommodations] accommodation in a rule, policy, practice, or service when
931     the accommodation may be necessary to afford the person equal opportunity to use and enjoy a
932     dwelling; and
933          (c) in connection with the design and construction of covered multifamily dwellings for
934     first occupancy after March 13, 1991, a failure to design and construct [those] the covered
935     multifamily dwellings in a manner that:
936          (i) the covered multifamily dwellings have at least one building entrance on an
937     accessible route, unless it is impracticable to have one because of the terrain or unusual
938     characteristics of the site; and
939          (ii) with respect to covered multifamily dwellings with a building entrance on an
940     accessible route:
941          (A) the public use and common use portions of the covered multifamily dwelling are
942     readily accessible to and usable by a person with a disability;
943          (B) all the doors designed to allow passage into and within the covered multifamily
944     dwellings are sufficiently wide to allow passage by a person with a disability who is in a
945     wheelchair; and
946          (C) all premises within [these] the covered multifamily dwellings contain the following
947     features of adaptive design:
948          (I) an accessible route into and through the covered multifamily dwelling;
949          (II) light switches, electrical outlets, thermostats, and other environmental controls in
950     accessible locations;
951          (III) reinforcements in the bathroom walls to allow later installation of grab bars; and
952          (IV) kitchens and bathrooms such that an individual in a wheelchair can maneuver
953     about and use the space.
954          (5) This section also applies to discriminatory housing practices because of race, color,
955     religion, sex, national origin, familial status, source of income, [or] disability, sexual
956     orientation, or gender identity based upon a person's association with another person.
957          Section 16. Section 57-21-6 is amended to read:
958          57-21-6. Discriminatory housing practices regarding residential real
959     estate-related transactions -- Discriminatory housing practices regarding the provisions
960     of brokerage services.
961          (1) (a) It is a discriminatory housing practice for [any] a person whose business
962     includes engaging in residential real estate-related transactions to discriminate against [any] a
963     person in making available [such] a residential real estate-related transaction, or in the terms or
964     conditions of the residential real estate-related transaction, because of race, color, religion, sex,
965     disability, familial status, source of income, [or] national origin, sexual orientation, or gender
966     identity.
967          (b) Residential real estate-related transactions include:
968          [(a)] (i) making or purchasing loans or providing other financial assistance:
969          [(i)] (A) for purchasing, constructing, improving, repairing, or maintaining a dwelling;
970     or
971          [(ii)] (B) secured by residential real estate; or
972          [(b)] (ii) selling, brokering, or appraising residential real property.
973          (2) It is a discriminatory housing practice to, because of race, color, religion, sex,
974     disability, familial status, source of income, national origin, sexual orientation, or gender
975     identity:
976          (a) deny [any] a person access to, or membership or participation in, [any] a
977     multiple-listing service, real estate brokers' organization, or other service, organization, or
978     facility relating to the business of selling or renting dwellings; or [to]
979          (b) discriminate against [any] a person in the terms or conditions of access,
980     membership, or participation in the organization, service, or facility [because of race, color,
981     religion, sex, disability, familial status, source of income, or national origin].
982          (3) This section also applies to a discriminatory housing [practices] practice because of
983     race, color, religion, sex, national origin, familial status, source of income, [or] disability,
984     sexual orientation, or gender identity based upon a person's association with another person.
985          Section 17. Section 57-21-7 is amended to read:
986          57-21-7. Prohibited conduct -- Aiding or abetting in discriminatory actions --
987     Obstruction of division investigation -- Reprisals.
988          (1) It is a discriminatory housing practice to do any of the following:
989          (a) coerce, intimidate, threaten, or interfere with [any] a person:
990          (i) in the exercise or enjoyment of [any] a right granted or protected under this chapter;
991          (ii) because that person exercised [any] a right granted or protected under this chapter;
992     or
993          (iii) because that person aided or encouraged any other person in the exercise or
994     enjoyment of [any] a right granted or protected under this chapter;
995          (b) aid, abet, incite, compel, or coerce a person to engage in [any of the practices] a
996     practice prohibited by this chapter;
997          (c) attempt to aid, abet, incite, compel, or coerce a person to engage in [any of the
998     practices] a practice prohibited by this chapter;
999          (d) obstruct or prevent [any] a person from complying with this chapter, or any order
1000     issued under this chapter;
1001          (e) resist, prevent, impede, or interfere with the director or [any division employees or
1002     representatives] a division employee or representative in the performance of duty under this
1003     chapter; or
1004          (f) engage in [any] a reprisal against [any] a person because that person:
1005          (i) opposed a practice prohibited under this chapter; or
1006          (ii) filed a complaint, testified, assisted, or participated in any manner in [any] an
1007     investigation, proceeding, or hearing under this chapter.
1008          (2) This section also applies to discriminatory housing practices because of race, color,
1009     religion, sex, national origin, familial status, source of income, [or] disability, sexual
1010     orientation, or gender identity based upon a person's association with another person.
1011          Section 18. Section 57-21-12 is amended to read:
1012          57-21-12. Other rights of action.
1013          (1) In addition to the procedure outlined in Subsection 57-21-9(1), a person aggrieved
1014     by a discriminatory housing practice may commence a private civil action in a court of
1015     competent jurisdiction within two years after an alleged discriminatory housing practice
1016     occurred, within two years after the termination of an alleged discriminatory housing practice,
1017     or within two years after a breach of a conciliation agreement. The division shall inform the
1018     aggrieved person in writing about this option within 30 days after the aggrieved person files a
1019     complaint under Section 57-21-9.
1020          (2) (a) Except as provided in Subsection (2)(b), the computation of this two-year time
1021     period does not include any time during which an administrative proceeding under this chapter
1022     was pending with respect to a complaint filed under this chapter.
1023          (b) The tolling of the two-year time period does not apply to actions arising from a
1024     breach of a conciliation agreement.
1025          (3) An aggrieved person may commence a private civil action even though a complaint
1026     has been filed with the division, in which case the division is barred from continuing or
1027     commencing any adjudicative proceeding in connection with the same claims under this
1028     chapter after:
1029          (a) the beginning of a civil action brought by a complainant or aggrieved person; or
1030          (b) the parties have reached an agreement in settlement of claims arising from the
1031     complaint.
1032          (4) An aggrieved person may not file a private civil action under this section if:
1033          (a) the division has obtained a conciliation agreement, except for the purpose of
1034     enforcing the terms of the conciliation agreement; or
1035          (b) a formal adjudicative hearing has been commenced under Section 57-21-10
1036     regarding the same complaint.
1037          (5) Upon written application by a person alleging a discriminatory housing practice
1038     prohibited under this chapter in a private civil action, or by a person against whom the
1039     violations are alleged, the court may:
1040          (a) appoint an attorney for the applicant; and
1041          (b) authorize the commencement or continuation of a private civil action without the
1042     payment of fees, costs, or security if, in the opinion of the court, the applicant is financially
1043     unable to bear the costs of the civil action.
1044          (6) Upon timely application, the division may intervene in a private civil action
1045     brought under this subsection if the division certifies that the case is of general importance.
1046          (7) In a private civil action, if the court finds that a discriminatory housing practice has
1047     occurred or is about to occur, the court may:
1048          (a) order the respondent to cease any discriminatory housing practice;
1049          (b) award to the plaintiff actual damages, punitive damages, and reasonable [attorneys']
1050     attorney fees and costs; and
1051          (c) grant, as the court considers appropriate, any permanent or temporary injunction,
1052     temporary restraining order, or other order as may be appropriate, including civil penalties
1053     under Section 57-21-11.
1054          (8) This chapter does not preclude any private right of action by an aggrieved person
1055     based on otherwise applicable law not included in this chapter.
1056          Section 19. Revisor instructions.
1057          The Legislature intends that the Office of Legislative Research and General Counsel, in
1058     preparing the Utah Code database for publication, modify the language in Sections
1059     34A-5-102.7 and 57-21-2.7 from "this bill" to the bill's designated chapter number in the Laws
1060     of Utah.