This document includes House Committee Amendments incorporated into the bill on Thu, Feb 28, 2019 at 8:41 AM by pflowers.
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8 LONG TITLE
9 General Description:
10 This bill amends the Employment Selection Procedures Act to prohibit an employer
11 from inquiring into an applicant's compensation history.
12 Highlighted Provisions:
13 This bill:
14 ▸ defines terms;
15 ▸ prohibits an employer from seeking information regarding an applicant's
16 employment history;
17 ▸ gives the Labor Commission's Division of Antidiscrimination and Labor
18 enforcement power;
19 ▸ permits an aggrieved individual to file a request for agency action;
20 ▸ permits either party to appeal an order made under the Employment Selection
21 Procedures Act;
22 ▸ provides for the Labor Commission to obtain representation on any appeal or to
23 enforce any judgment of an order made under the Employment Selection Procedures
24 Act; and
25 ▸ makes technical and conforming changes.
26 Money Appropriated in this Bill:
27 None
28 Other Special Clauses:
29 None
30 Utah Code Sections Affected:
31 AMENDS:
32 34-46-102, as last amended by Laws of Utah 2010, Chapter 218
33 34-46-301, as enacted by Laws of Utah 2009, Chapter 174
34 ENACTS:
35 34-46-401, Utah Code Annotated 1953
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37 Be it enacted by the Legislature of the state of Utah:
38 Section 1. Section 34-46-102 is amended to read:
39 34-46-102. Definitions.
40 As used in this chapter:
41 (1) "Applicant" means an individual that provides information to an employer for the
42 purpose of obtaining employment.
43 (2) "Compensation" means the amounts or benefits due an employee for labor or
44 services, whether the amount is fixed or ascertained on a time, task, piece, commission basis or
45 other method of calculating the amount.
46 [
47 Labor.
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49 for each working day in each of 20 calendar weeks or more in the current or preceding calendar
50 year.
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52 selects an individual to be an employee for the employer.
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54 applicant that the employer uses to determine whether the applicant will be considered for a
55 second review for the position for which the applicant is applying.
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57 (a) inscribed on a tangible medium; or
58 (b) (i) received or stored in an electronic or other medium; and
59 (ii) retrievable in perceivable form.
60 Section 2. Section 34-46-301 is amended to read:
61 34-46-301. Investigations -- Complaints -- Sanctions -- Rulemaking.
62 (1) The division may investigate an alleged violation of this chapter.
63 (2) (a) An individual claiming to be aggrieved by an action of an employer in violation
64 of this chapter may file with the division a request for agency action.
65 (b) On receipt of a request for agency action under Subsection (2)(a), the division:
66 (i) shall conduct an adjudicative proceeding pursuant to Title 63G, Chapter 4,
67 Administrative Procedures Act; and
68 (ii) may attempt to reach a settlement between the parties through a settlement
69 conference.
70 (3) (a) If the division determines that a violation has occurred[
71 (i) in violation of Part 2, Requirements Related to Information, the division may order
72 that the employer:
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75 number of applicants affected by the violation; or
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77 (ii) in violation of Part 4, Prohibition on Inquiry into Compensation History, the
78 division shall Ĥ→ [
79 (A) for the first offense Ĥ→ [
80 (B) for the second Ĥ→ [
80a employer pay a penalty of $500; and
80b (C) for the third or subsequent offense, order that the employer pay a penalty of
80c $1,500. ←Ĥ
81 (b) The division shall:
82 (i) retain Ĥ→ [
83 (ii) pay Ĥ→ [
83a aggrieved
84 individual.
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86 dedicated credit to the division to pay for the costs of administering this chapter.
87 (4) The commission may make rules in accordance with Title 63G, Chapter 3, Utah
88 Administrative Rulemaking Act, regarding:
89 (a) [
90 chapter;
91 (b) the terms defined in Section 34-46-102[
92 (c) the amount of a penalty imposed under Subsection (3)(a)(ii).
93 (5) Either party may file with the Division of Adjudication created in Section
94 34A-1-202 a written request for review of an order issued under Subsection (3), in accordance
95 with:
96 (a) Section 63G-4-301; and
97 (b) Title 34A, Chapter 1, Part 3, Adjudicative Proceedings.
98 (6) (a) The commission may employ counsel, appoint a representative, or request the
99 attorney general, or the county attorney for the county in which the final order is filed and
100 docketed, to represent the commission on any appeal or to enforce any judgment related to an
101 order under this section.
102 (b) If employed by or representing the commission outside the administrative process,
103 the counsel the commission employs, the attorney general, or the county representing the
104 commission, shall be awarded:
105 (i) reasonable attorney fees; and
106 (ii) costs for:
107 (A) appeals when the commission prevails; and
108 (B) judgment enforcement proceedings.
109 Section 3. Section 34-46-401 is enacted to read:
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111 34-46-401. Prohibited inquiry.
112 (1) An employer may not seek information regarding an applicant's compensation
113 history from the applicant Ĥ→ [
113a employer Ĥ→ , or an employee of the applicant's current or former employer ←Ĥ .
114 (2) This section does not apply to any compensation history available to the public
115 under federal or state law.
116 (3) Nothing in this section prohibits an applicant from voluntarily disclosing the
117 applicant's compensation history to a prospective employer.