1     
ANTIDISCRIMINATION ACT AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Michael J. Petersen

5     
Senate Sponsor: John D. Johnson

6     

7     LONG TITLE
8     General Description:
9          This bill amends the Utah Antidiscrimination Act.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines "political activity" and "political affiliation";
13          ▸     prohibits employment discrimination based on an individual's political activity or
14     political affiliation; and
15          ▸     makes technical and conforming 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 2016, Chapters 330 and 370
23          34A-5-106, as last amended by Laws of Utah 2016, Chapter 330
24          34A-5-107, as last amended by Laws of Utah 2018, Chapter 317
25          34A-5-112, as enacted by Laws of Utah 2015, Chapter 13
26     

27     Be it enacted by the Legislature of the state of Utah:

28          Section 1. Section 34A-5-102 is amended to read:
29          34A-5-102. Definitions -- Unincorporated entities -- Joint employers --
30     Franchisors.
31          (1) As used in this chapter:
32          (a) "Affiliate" means the same as that term is defined in Section 16-6a-102.
33          (b) "Apprenticeship" means a program for the training of apprentices including a
34     program providing the training of those persons defined as apprentices by Section 35A-6-102.
35          (c) "Bona fide occupational qualification" means a characteristic applying to an
36     employee that:
37          (i) is necessary to the operation; or
38          (ii) is the essence of the employee's employer's business.
39          (d) "Court" means:
40          (i) the district court in the judicial district of the state in which the asserted unfair
41     employment practice occurs; or
42          (ii) if the district court is not in session at that time, a judge of the court described in
43     Subsection (1)(d)(i).
44          (e) "Director" means the director of the division.
45          (f) "Disability" means a physical or mental disability as defined and covered by the
46     Americans with Disabilities Act of 1990, 42 U.S.C. Sec. 12102.
47          (g) "Division" means the Division of Antidiscrimination and Labor.
48          (h) "Employee" means a person applying with or employed by an employer.
49          (i) (i) "Employer" means:
50          (A) the state;
51          (B) a political subdivision;
52          (C) a board, commission, department, institution, school district, trust, or agent of the
53     state or a political subdivision of the state; or
54          (D) a person employing 15 or more employees within the state for each working day in
55     each of 20 calendar weeks or more in the current or preceding calendar year.
56          (ii) "Employer" does not include:
57          (A) a religious organization, a religious corporation sole, a religious association, a
58     religious society, a religious educational institution, or a religious leader, when that individual

59     is acting in the capacity of a religious leader;
60          (B) any corporation or association constituting an affiliate, a wholly owned subsidiary,
61     or an agency of any religious organization, religious corporation sole, religious association, or
62     religious society; or
63          (C) the Boy Scouts of America or [its] the Boy Scouts of America's councils, chapters,
64     or subsidiaries.
65          (j) "Employment agency" means a person:
66          (i) undertaking to procure employees or opportunities to work for any other person; or
67          (ii) holding the person out to be equipped to take an action described in Subsection
68     (1)(j)(i).
69          (k) "Federal executive agency" means an executive agency, as defined in 5 U.S.C. Sec.
70     105, of the federal government.
71          (l) "Franchise" means the same as that term is defined in 16 C.F.R. Sec. 436.1.
72          (m) "Franchisee" means the same as that term is defined in 16 C.F.R. Sec. 436.1.
73          (n) "Franchisor" means the same as that term is defined in 16 C.F.R. Sec. 436.1.
74          (o) "Gender identity" has the meaning provided in the Diagnostic and Statistical
75     Manual (DSM-5). A person's gender identity can be shown by providing evidence, including,
76     but not limited to, medical history, care or treatment of the gender identity, consistent and
77     uniform assertion of the gender identity, or other evidence that the gender identity is sincerely
78     held, part of a person's core identity, and not being asserted for an improper purpose.
79          (p) "Joint apprenticeship committee" means an association of representatives of a labor
80     organization and an employer providing, coordinating, or controlling an apprentice training
81     program.
82          (q) "Labor organization" means an organization that exists for the purpose in whole or
83     in part of:
84          (i) collective bargaining;
85          (ii) dealing with employers concerning grievances, terms or conditions of employment;
86     or
87          (iii) other mutual aid or protection in connection with employment.
88          (r) "National origin" means the place of birth, domicile, or residence of an individual or
89     of an individual's ancestors.

90          (s) "On-the-job-training" means a program designed to instruct a person who, while
91     learning the particular job for which the person is receiving instruction:
92          (i) is also employed at that job; or
93          (ii) may be employed by the employer conducting the program during the course of the
94     program, or when the program is completed.
95          (t) "Person" means:
96          (i) one or more individuals, partnerships, associations, corporations, legal
97     representatives, trusts or trustees, or receivers;
98          (ii) the state; and
99          (iii) a political subdivision of the state.
100          (u) (i) "Political activity" means any of the following activities performed outside of
101     working hours, off of the employer's premises, and without the use of the employer's equipment
102     or other property:
103          (A) running for public office;
104          (B) campaigning for or against a candidate for public office; or
105          (C) participating, or not participating, in a fund-raising activity for the benefit of a
106     candidate, political party, or political advocacy group.
107          (ii) "Political activity" does not include:
108          (A) criminal activity;
109          (B) activity described in Subsection (1)(u)(i), if the individual performing the activity
110     is prevented or restricted from engaging in the activity under a federal act or the rules and
111     regulations promulgated under the federal act; or
112          (C) activity described in Subsection (1)(u)(i), if the individual performing the activity
113     is prevented or restricted from engaging in the activity under Section 67-5-13.
114          (v) "Political affiliation" means the state of belonging to or endorsing a political party.
115          [(u)] (w) "Pregnancy, childbirth, or pregnancy-related conditions" includes
116     breastfeeding or medical conditions related to breastfeeding.
117          [(v)] (x) "Presiding officer" means the same as that term is defined in Section
118     63G-4-103.
119          [(w)] (y) "Prohibited employment practice" means a practice specified as
120     discriminatory, and therefore unlawful, in Section 34A-5-106.

121          [(x)] (z) "Religious leader" means an individual who is associated with, and is an
122     authorized representative of, a religious organization or association or a religious corporation
123     sole, including a member of clergy, a minister, a pastor, a priest, a rabbi, an imam, or a spiritual
124     advisor.
125          [(y)] (aa) "Retaliate" means the taking of adverse action by an employer, employment
126     agency, labor organization, apprenticeship program, on-the-job training program, or vocational
127     school against one of its employees, applicants, or members because the employee, applicant,
128     or member:
129          (i) opposes an employment practice prohibited under this chapter; or
130          (ii) files charges, testifies, assists, or participates in any way in a proceeding,
131     investigation, or hearing under this chapter.
132          [(z)] (bb) "Sexual orientation" means an individual's actual or perceived orientation as
133     heterosexual, homosexual, or bisexual.
134          [(aa)] (cc) "Undue hardship" means an action that requires significant difficulty or
135     expense when considered in relation to factors such as the size of the entity, the entity's
136     financial resources, and the nature and structure of the entity's operation.
137          [(bb)] (dd) "Unincorporated entity" means an entity organized or doing business in the
138     state that is not:
139          (i) an individual;
140          (ii) a corporation; or
141          (iii) publicly traded.
142          [(cc)] (ee) "Vocational school" means a school or institution conducting a course of
143     instruction, training, or retraining to prepare individuals to follow an occupation or trade, or to
144     pursue a manual, technical, industrial, business, commercial, office, personal services, or other
145     nonprofessional occupations.
146          (2) (a) For purposes of this chapter, an unincorporated entity that is required to be
147     licensed under Title 58, Chapter 55, Utah Construction Trades Licensing Act, is presumed to
148     be the employer of each individual who, directly or indirectly, holds an ownership interest in
149     the unincorporated entity.
150          (b) Pursuant to rules made by the commission in accordance with Title 63G, Chapter 3,
151     Utah Administrative Rulemaking Act, an unincorporated entity may rebut the presumption

152     under Subsection (2)(a) for an individual by establishing by clear and convincing evidence that
153     the individual:
154          (i) is an active manager of the unincorporated entity;
155          (ii) directly or indirectly holds at least an 8% ownership interest in the unincorporated
156     entity; or
157          (iii) is not subject to supervision or control in the performance of work by:
158          (A) the unincorporated entity; or
159          (B) a person with whom the unincorporated entity contracts.
160          (c) As part of the rules made under Subsection (2)(b), the commission may define:
161          (i) "active manager";
162          (ii) "directly or indirectly holds at least an 8% ownership interest"; and
163          (iii) "subject to supervision or control in the performance of work."
164          (3) For purposes of determining whether two or more persons are considered joint
165     employers under this chapter, an administrative ruling of a federal executive agency may not be
166     considered a generally applicable law unless that administrative ruling is determined to be
167     generally applicable by a court of law, or adopted by statute or rule .
168          (4) (a) For purposes of this chapter, a franchisor is not considered to be an employer of:
169          (i) a franchisee; or
170          (ii) a franchisee's employee.
171          (b) With respect to a specific claim for relief under this chapter made by a franchisee or
172     a franchisee's employee, this Subsection (4) does not apply to a franchisor under a franchise
173     that exercises a type or degree of control over the franchisee or the franchisee's employee not
174     customarily exercised by a franchisor for the purpose of protecting the franchisor's trademarks
175     and brand.
176          Section 2. Section 34A-5-106 is amended to read:
177          34A-5-106. Discriminatory or prohibited employment practices -- Permitted
178     practices.
179          (1) It is a discriminatory or prohibited employment practice to take an action described
180     in Subsections (1)(a) through (g).
181          (a) (i) An employer may not refuse to hire, promote, discharge, demote, or terminate a
182     person, or to retaliate against, harass, or discriminate in matters of compensation or in terms,

183     privileges, and conditions of employment against a person otherwise qualified, because of:
184          (A) race;
185          (B) color;
186          (C) sex;
187          (D) pregnancy, childbirth, or pregnancy-related conditions;
188          (E) age, if the individual is 40 years [of age] old or older;
189          (F) religion;
190          (G) national origin;
191          (H) disability;
192          (I) sexual orientation; [or]
193          (J) gender identity[.];
194          (K) political activity; or
195          (L) political affiliation.
196          (ii) A person may not be considered "otherwise qualified," unless that person possesses
197     the following required by an employer for any particular job, job classification, or position:
198          (A) education;
199          (B) training;
200          (C) ability, with or without reasonable accommodation;
201          (D) moral character;
202          (E) integrity;
203          (F) disposition to work;
204          (G) adherence to reasonable rules and regulations; and
205          (H) other job related qualifications required by an employer.
206          (iii) (A) As used in this chapter, "to discriminate in matters of compensation" means
207     the payment of differing wages or salaries to employees having substantially equal experience,
208     responsibilities, and skill for the particular job.
209          (B) Notwithstanding Subsection (1)(a)(iii)(A):
210          (I) nothing in this chapter prevents an increase in pay as a result of longevity with the
211     employer, if the salary increase is uniformly applied and available to all employees on a
212     substantially proportional basis; and
213          (II) nothing in this section prohibits an employer and employee from agreeing to a rate

214     of pay or work schedule designed to protect the employee from loss of Social Security payment
215     or benefits if the employee is eligible for those payments.
216          (b) An employment agency may not:
217          (i) refuse to list and properly classify for employment, or refuse to refer an individual
218     for employment, in a known available job for which the individual is otherwise qualified,
219     because of:
220          (A) race;
221          (B) color;
222          (C) sex;
223          (D) pregnancy, childbirth, or pregnancy-related conditions;
224          (E) religion;
225          (F) national origin;
226          (G) age, if the individual is 40 years [of age] old or older;
227          (H) disability;
228          (I) sexual orientation; [or]
229          (J) gender identity; [or]
230          (K) political activity; or
231          (L) political affiliation; or
232          (ii) comply with a request from an employer for referral of an applicant for
233     employment if the request indicates either directly or indirectly that the employer discriminates
234     in employment on account of:
235          (A) race;
236          (B) color;
237          (C) sex;
238          (D) pregnancy, childbirth, or pregnancy-related conditions;
239          (E) religion;
240          (F) national origin;
241          (G) age, if the individual is 40 years [of age] old or older;
242          (H) disability;
243          (I) sexual orientation; [or]
244          (J) gender identity[.];

245          (K) political activity; or
246          (L) political affiliation.
247          (c) (i) A labor organization may not for a reason listed in Subsection (1)(c)(ii):
248          (A) exclude an individual otherwise qualified from full membership rights in the labor
249     organization;
250          (B) expel the individual from membership in the labor organization; or
251          (C) otherwise discriminate against or harass a member of the labor organization in full
252     employment of work opportunity, or representation.
253          (ii) A labor organization may not take an action listed in this Subsection (1)(c) because
254     of:
255          (A) race;
256          (B) sex;
257          (C) pregnancy, childbirth, or pregnancy-related conditions;
258          (D) religion;
259          (E) national origin;
260          (F) age, if the individual is 40 years [of age] old or older;
261          (G) disability;
262          (H) sexual orientation; [or]
263          (I) gender identity[.];
264          (J) political activity; or
265          (K) political affiliation.
266          (d) (i) Unless based upon a bona fide occupational qualification, or required by and
267     given to an agency of government for a security reason, an employer, employment agency, or
268     labor organization may not do the following if the statement, advertisement, publication, form,
269     or inquiry violates Subsection (1)(d)(ii):
270          (A) print, circulate, or cause to be printed or circulated a statement, advertisement, or
271     publication;
272          (B) use a form of application for employment or membership; or
273          (C) make any inquiry in connection with prospective employment or membership.
274          (ii) This Subsection (1)(d) applies to a statement, advertisement, publication, form, or
275     inquiry that directly expresses a limitation, specification, or discrimination as to:

276          (A) race;
277          (B) color;
278          (C) religion;
279          (D) sex;
280          (E) pregnancy, childbirth, or pregnancy-related conditions;
281          (F) national origin;
282          (G) age, if the individual is 40 years [of age] old or older;
283          (H) disability;
284          (I) sexual orientation; [or]
285          (J) gender identity[.];
286          (K) political activity; or
287          (L) political affiliation.
288          (e) A person, whether or not an employer, an employment agency, a labor organization,
289     or an employee or member of an employer, employment agency, or labor organization, may
290     not:
291          (i) aid, incite, compel, or coerce the doing of an act defined in this section to be a
292     discriminatory or prohibited employment practice;
293          (ii) obstruct or prevent a person from complying with this chapter, or any order issued
294     under this chapter; or
295          (iii) attempt, either directly or indirectly, to commit an act prohibited in this section.
296          (f) (i) An employer, labor organization, joint apprenticeship committee, or vocational
297     school providing, coordinating, or controlling an apprenticeship program or providing,
298     coordinating, or controlling an on-the-job-training program, instruction, training, or retraining
299     program may not:
300          (A) deny to, or withhold from, any qualified person the right to be admitted to or
301     participate in an apprenticeship training program, on-the-job-training program, or other
302     occupational instruction, training, or retraining program because of:
303          (I) race;
304          (II) color;
305          (III) sex;
306          (IV) pregnancy, childbirth, or pregnancy-related conditions;

307          (V) religion;
308          (VI) national origin;
309          (VII) age, if the individual is 40 years [of age] old or older;
310          (VIII) disability;
311          (IX) sexual orientation; [or]
312          (X) gender identity;
313          (XI) political activity; or
314          (XII) political affiliation;
315          (B) discriminate against or harass a qualified person in that person's pursuit of a
316     program described in Subsection (1)(f)(i)(A) because of:
317          (I) race;
318          (II) color;
319          (III) sex;
320          (IV) pregnancy, childbirth, or pregnancy-related conditions;
321          (V) religion;
322          (VI) national origin;
323          (VII) age, if the individual is 40 years [of age] old or older;
324          (VIII) disability;
325          (IX) sexual orientation; [or]
326          (X) gender identity;
327          (XI) political activity; or
328          (XII) political affiliation;
329          (C) discriminate against a qualified person in the terms, conditions, or privileges of a
330     program described in Subsection (1)(f)(i)(A), because of:
331          (I) race;
332          (II) color;
333          (III) sex;
334          (IV) pregnancy, childbirth, or pregnancy-related conditions;
335          (V) religion;
336          (VI) national origin;
337          (VII) age, if the individual is 40 years [of age] old or older;

338          (VIII) disability;
339          (IX) sexual orientation; [or]
340          (X) gender identity; [or]
341          (XI) political activity; or
342          (XII) political affiliation; or
343          (D) except as provided in Subsection (1)(f)(ii), print, publish, or cause to be printed or
344     published, a notice or advertisement relating to employment by the employer, or membership in
345     or a classification or referral for employment by a labor organization, or relating to a
346     classification or referral for employment by an employment agency, indicating a preference,
347     limitation, specification, or discrimination based on:
348          (I) race;
349          (II) color;
350          (III) sex;
351          (IV) pregnancy, childbirth, or pregnancy-related conditions;
352          (V) religion;
353          (VI) national origin;
354          (VII) age, if the individual is 40 years [of age] old or older;
355          (VIII) disability;
356          (IX) sexual orientation; [or]
357          (X) gender identity[.];
358          (XI) political activity; or
359          (XII) political affiliation.
360          (ii) Notwithstanding Subsection (1)(f)(i)(D), if the following is a bona fide
361     occupational qualification for employment, a notice or advertisement described in Subsection
362     (1)(f)(i)(D) may indicate a preference, limitation, specification, or discrimination based on:
363          (A) race;
364          (B) color;
365          (C) religion;
366          (D) sex;
367          (E) pregnancy, childbirth, or pregnancy-related conditions;
368          (F) age;

369          (G) national origin;
370          (H) disability;
371          (I) sexual orientation; [or]
372          (J) gender identity[.];
373          (K) political activity; or
374          (L) political affiliation.
375          (g) Subject to Subsection (7), an employer may not:
376          (i) refuse to provide reasonable accommodations for an employee related to pregnancy,
377     childbirth, breastfeeding, or related conditions:
378          (A) if the employee requests a reasonable accommodation; and
379          (B) unless the employer demonstrates that the accommodation would create an undue
380     hardship on the operations of the employer;
381          (ii) require an employee to terminate employment if another reasonable
382     accommodation can be provided for the employee's pregnancy, childbirth, breastfeeding, or
383     related conditions unless the employer demonstrates that the accommodation would create an
384     undue hardship on the operations of the employer; or
385          (iii) deny employment opportunities to an employee, if the denial is based on the need
386     of the employer to make reasonable accommodations related to the pregnancy, childbirth,
387     breastfeeding, or related conditions of an employee unless the employer demonstrates that the
388     accommodation would create an undue hardship on the operations of the employer.
389          (2) Subsections (1)(a) through (1)(g) may not be construed to:
390          (a) prevent:
391          [(a)] (i) the termination of employment of an individual who, with or without
392     reasonable accommodation, is physically, mentally, or emotionally unable to perform the duties
393     required by that individual's employment;
394          [(b)] (ii) the variance of insurance premiums or coverage on account of age; [or]
395          [(c)] (iii) a restriction on the activities of a person licensed in accordance with Title
396     32B, Alcoholic Beverage Control Act, with respect to an individual who is under 21 years [of
397     age] old[.]; or
398          (iv) the enforcement of Section 78A-2-221 or 78A-7-206 regarding political activity; or
399          (b) conflict with the provisions of Section 10-3-1108, 17-30-22, 17-30a-314, 17-33-11,

400     67-5-13, or 67-19-19.
401          (3) (a) It is not a discriminatory or prohibited employment practice:
402          (i) for an employer to hire and employ an employee, for an employment agency to
403     classify or refer for employment an individual, for a labor organization to classify [its] the labor
404     organization's membership or to classify or refer for employment an individual, or for an
405     employer, labor organization, or joint labor-management committee controlling an
406     apprenticeship or other training or retraining program to admit or employ an individual in the
407     program on the basis of religion, sex, pregnancy, childbirth, or pregnancy-related conditions,
408     age, national origin, disability, sexual orientation, [or] gender identity, political activity, or
409     political affiliation in those certain instances when religion, sex, pregnancy, childbirth, or
410     pregnancy-related conditions, age, if the individual is 40 years [of age] old or older, national
411     origin, disability, sexual orientation, [or] gender identity, political activity, or political
412     affiliation is a bona fide occupational qualification reasonably necessary to the normal
413     operation of that particular business or enterprise;
414          (ii) for a school, college, university, or other educational institution to hire and employ
415     an employee of a particular religion if:
416          (A) the school, college, university, or other educational institution is, in whole or in
417     substantial part, owned, supported, controlled, or managed by a particular religious corporation,
418     association, or society; or
419          (B) the curriculum of the school, college, university, or other educational institution is
420     directed toward the propagation of a particular religion;
421          (iii) for an employer to give preference in employment to:
422          (A) the employer's:
423          (I) spouse;
424          (II) child; or
425          (III) son-in-law or daughter-in-law;
426          (B) a person for whom the employer is or would be liable to furnish financial support if
427     the person were unemployed;
428          (C) a person to whom the employer during the preceding six months furnishes more
429     than one-half of total financial support regardless of whether or not the employer was or is
430     legally obligated to furnish support; or

431          (D) a person whose education or training is substantially financed by the employer for
432     a period of two years or more.
433          (b) Nothing in this chapter applies to a business or enterprise on or near an Indian
434     reservation with respect to a publicly announced employment practice of the business or
435     enterprise under which preferential treatment is given to an individual because that individual
436     is a native American Indian living on or near an Indian reservation.
437          (c) Nothing in this chapter may be interpreted to require an employer, employment
438     agency, labor organization, vocational school, joint labor-management committee, or
439     apprenticeship program subject to this chapter to grant preferential treatment to an individual or
440     to a group because of the race, color, religion, sex, age, national origin, disability, sexual
441     orientation, [or] gender identity, political activity, or political affiliation of the individual or
442     group on account of an imbalance that may exist with respect to the total number or percentage
443     of persons of a race, color, religion, sex, age, national origin, disability, sexual orientation, [or]
444     gender identity, or political affiliation, or engaged in a political activity employed by an
445     employer, referred or classified for employment by an employment agency or labor
446     organization, admitted to membership or classified by a labor organization, or admitted to or
447     employed in, any apprenticeship or other training program, in comparison with the total
448     number or percentage of persons of that race, color, religion, sex, age, national origin,
449     disability, sexual orientation, [or] gender identity, or political affiliation, or engaged in that
450     political activity in any community or county or in the available work force in any community
451     or county.
452          (4) It is not a discriminatory or prohibited practice with respect to age to observe the
453     terms of a bona fide seniority system or any bona fide employment benefit plan such as a
454     retirement, pension, or insurance plan that is not a subterfuge to evade the purposes of this
455     chapter, except that an employee benefit plan may not excuse the failure to hire an individual.
456          (5) Notwithstanding Subsection (4), or another statute to the contrary, a person may not
457     be subject to involuntary termination or retirement from employment on the basis of age alone,
458     if the individual is 40 years [of age] old or older, except:
459          (a) under Subsection (6); and
460          (b) when age is a bona fide occupational qualification.
461          (6) Nothing in this section prohibits compulsory retirement of an employee who has

462     attained at least 65 years [of age] old, and who, for the two-year period immediately before
463     retirement, is employed in a bona fide executive or a high policymaking position, if:
464          (a) that employee is entitled to an immediate nonforfeitable annual retirement benefit
465     from the employee's employer's pension, profit-sharing, savings, or deferred compensation
466     plan, or any combination of those plans; and
467          (b) the benefit described in Subsection (6)(a) equals, in the aggregate, at least $44,000.
468          (7) (a) For purposes of Subsection (1)(g), an employer may require an employee to
469     provide a certification from the employee's health care provider concerning the medical
470     advisability of a reasonable accommodation.
471          (b) A certification under Subsection (7)(a) shall include:
472          (i) the date the reasonable accommodation becomes medically advisable;
473          (ii) the probable duration of the reasonable accommodation; and
474          (iii) an explanatory statement as to the medical advisability of the reasonable
475     accommodation.
476          (c) Notwithstanding Subsections (1)(g) and (7)(a), an employer may not require an
477     employee to obtain a certification from the employee's health care provider for more frequent
478     restroom, food, or water breaks.
479           (d) An employer is not required under Subsection (1)(g) or this Subsection (7) to
480     permit an employee to have the employee's child at the workplace for purposes of
481     accommodating pregnancy, childbirth, breastfeeding, or related conditions.
482          (e) An employer shall include in an employee handbook, or post in a conspicuous place
483     in the employer's place of business, written notice concerning an employee's rights to
484     reasonable accommodations for pregnancy, childbirth, breastfeeding, or related conditions.
485          Section 3. Section 34A-5-107 is amended to read:
486          34A-5-107. Procedure for aggrieved person to file claim -- Investigations --
487     Adjudicative proceedings -- Settlement -- Reconsideration -- Determination.
488          (1) (a) A person claiming to be aggrieved by a discriminatory or prohibited
489     employment practice may, or that person's attorney or agent may, make, sign, and file with the
490     division a request for agency action.
491          (b) A request for agency action shall be verified under oath or affirmation.
492          (c) A request for agency action made under this section shall be filed within 180 days

493     after the alleged discriminatory or prohibited employment practice occurs.
494          (d) The division may transfer a request for agency action filed with the division
495     pursuant to this section to the federal Equal Employment Opportunity Commission in
496     accordance with a work-share agreement that is:
497          (i) between the division and the Equal Employment Opportunity Commission; and
498          (ii) in effect on the day on which the request for agency action is transferred.
499          (2) An employer, labor organization, joint apprenticeship committee, or vocational
500     school who has an employee or member who refuses or threatens to refuse to comply with this
501     chapter may file with the division a request for agency action asking the division for assistance
502     to obtain the employee's or member's compliance by conciliation or other remedial action.
503          (3) (a) Before an investigation begins into allegations of discriminatory or prohibited
504     employment practice, the division shall promptly assign a mediator to offer mediation services
505     between the parties by conference.
506          (b) (i) If mediation services are refused or no settlement is reached, the division shall
507     promptly assign an investigator.
508          (ii) The investigator shall make a prompt impartial investigation of all allegations made
509     in the request for agency action.
510          (c) The division and the division's staff, agents, and employees shall conduct every
511     investigation in fairness to all parties and agencies involved.
512          (d) An aggrieved party may withdraw the request for agency action prior to the
513     issuance of a final order.
514          (4) (a) If the initial attempts at settlement are unsuccessful, and the investigator
515     uncovers insufficient evidence during the investigation to support the allegations of a
516     discriminatory or prohibited employment practice set out in the request for agency action, the
517     investigator shall formally report these findings to the director or the director's designee.
518          (b) (i) Upon receipt of the investigator's report described in Subsection (4)(a), the
519     director or the director's designee may issue a determination and order for dismissal of the
520     adjudicative proceeding.
521          (ii) A determination and order issued under this Subsection (4)(b) shall include a
522     notice:
523          (A) of the right to request an evidentiary hearing under Subsection (4)(c); and

524          (B) that failure to request an evidentiary hearing under Subsection (4)(c) will result in
525     the determination and order becoming final, in accordance with Subsection (4)(d).
526          (c) A party may make a written request to the Division of Adjudication for an
527     evidentiary hearing to review de novo the director's or the director's designee's determination
528     and order within 30 days from the day on which the determination and order for dismissal is
529     issued.
530          (d) If the director or the director's designee receives no timely request for a hearing, the
531     determination and order issued by the director or the director's designee becomes the final order
532     of the commission.
533          (5) (a) If the initial attempts at settlement are unsuccessful and the investigator
534     uncovers sufficient evidence during the investigation to support the allegations of a
535     discriminatory or prohibited employment practice set out in the request for agency action, the
536     investigator shall formally report these findings to the director or the director's designee.
537          (b) (i) Upon receipt of the investigator's report described in Subsection (5)(a), the
538     director or the director's designee may issue a determination and order based on the
539     investigator's report.
540          (ii) A determination and order issued under this Subsection (5)(b) shall:
541          (A) direct the respondent to cease any discriminatory or prohibited employment
542     practice;
543          (B) provide relief to the aggrieved party as the director or the director's designee
544     determines is appropriate;
545          (C) include a notice of the right to request an evidentiary hearing under Subsection
546     (5)(c); and
547          (D) include a notice that failure to request an evidentiary hearing under Subsection
548     (5)(c) will result in the determination and order becoming final, in accordance with Subsection
549     (5)(d).
550          (c) A party may file a written request to the Division of Adjudication for an evidentiary
551     hearing to review de novo the director's or the director's designee's determination and order
552     within 30 days after the day on which the determination and order is issued.
553          (d) If the director or the director's designee receives no timely request for a hearing, the
554     determination and order issued by the director or the director's designee in accordance with

555     Subsection (5)(b) becomes the final order of the commission.
556          (6) In an adjudicative proceeding to review the director's or the director's designee's
557     determination that a prohibited employment practice has occurred, the division shall present the
558     factual and legal basis of the determination and order issued under Subsection (5).
559          (7) (a) If, upon reviewing all the evidence at a hearing, the presiding officer finds that a
560     respondent has not engaged in a discriminatory or prohibited employment practice, the
561     presiding officer shall issue an order dismissing the request for agency action containing the
562     allegation of a discriminatory or prohibited employment practice.
563          (b) The presiding officer may order that the respondent be reimbursed by the
564     complaining party for the respondent's attorney fees and costs.
565          (8) If, upon reviewing all the evidence at the hearing, the presiding officer finds that a
566     respondent has engaged in a discriminatory or prohibited employment practice, the presiding
567     officer shall issue an order requiring the respondent to:
568          (a) cease any discriminatory or prohibited employment practice;
569          (b) provide relief to the complaining party, including:
570          (i) reinstatement;
571          (ii) back pay and benefits;
572          (iii) attorney fees; and
573          (iv) costs.
574          (9) If a discriminatory practice described in Subsection (8) includes discrimination in
575     matters of compensation, the presiding officer may provide, to the complaining party, in
576     addition to the amount available to the complaining party under Subsection (8)(b), an
577     additional amount equal to the amount of back pay available to the complaining party under
578     Subsection (8)(b)(ii) unless a respondent shows that:
579          (a) the act or omission that gave rise to the order was in good faith; and
580          (b) the respondent had reasonable grounds to believe that the act or omission was not
581     discrimination in matters of compensation under this chapter.
582          (10) Conciliation between the parties is to be urged and facilitated at all stages of the
583     adjudicative process.
584          (11) (a) Either party may file with the Division of Adjudication a written request for
585     review before the commissioner or Appeals Board of the order issued by the presiding officer

586     in accordance with:
587          (i) Section 63G-4-301; and
588          (ii) Chapter 1, Part 3, Adjudicative Proceedings.
589          (b) If there is no timely request for review, the order issued by the presiding officer
590     becomes the final order of the commission.
591          (12) An order of the commission under Subsection (11)(a) is subject to judicial review
592     as provided in:
593          (a) Section 63G-4-403; and
594          (b) Chapter 1, Part 3, Adjudicative Proceedings.
595          (13) The commission may make rules concerning procedures under this chapter in
596     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
597          (14) The commission and [its] the commission's staff may not divulge or make public
598     information gained from an investigation, settlement negotiation, or proceeding before the
599     commission except as provided in Subsections (14)(a) through (d).
600          (a) Information used by the director or the director's designee in making a
601     determination may be provided to all interested parties for the purpose of preparation for and
602     participation in proceedings before the commission.
603          (b) General statistical information may be disclosed provided the identities of the
604     individuals or parties are not disclosed.
605          (c) Information may be disclosed for inspection by the attorney general or other legal
606     representatives of the state or the commission.
607          (d) Information may be disclosed for information and reporting requirements of the
608     federal government.
609          (15) The procedures contained in this section are the exclusive remedy under state law
610     for employment discrimination based upon:
611          (a) race;
612          (b) color;
613          (c) sex;
614          (d) retaliation;
615          (e) pregnancy, childbirth, or pregnancy-related conditions;
616          (f) age;

617          (g) religion;
618          (h) national origin;
619          (i) disability;
620          (j) sexual orientation; [or]
621          (k) gender identity[.];
622          (l) political activity; or
623          (m) political affiliation.
624          (16) (a) The commencement of an action under federal law for relief based upon an act
625     prohibited by this chapter bars the commencement or continuation of an adjudicative
626     proceeding before the commission in connection with the same claim under this chapter.
627          (b) The transfer of a request for agency action to the Equal Employment Opportunity
628     Commission in accordance with Subsection (1)(d) is considered the commencement of an
629     action under federal law for purposes of Subsection (16)(a).
630          (c) Nothing in this Subsection (16) is intended to alter, amend, modify, or impair the
631     exclusive remedy provision set forth in Subsection (15).
632          Section 4. Section 34A-5-112 is amended to read:
633          34A-5-112. Religious liberty protections -- Expressing beliefs and commitments
634     in workplace -- Prohibition on employment actions against certain employee speech.
635          (1) An employee may express the employee's religious [or], moral, or political beliefs
636     and commitments in the workplace in a reasonable, non-disruptive, and non-harassing way on
637     equal terms with similar types of expression of beliefs or commitments allowed by the
638     employer in the workplace, unless the expression is in direct conflict with the essential
639     business-related interests of the employer.
640          (2) An employer may not discharge, demote, terminate, or refuse to hire any person, or
641     retaliate against, harass, or discriminate in matters of compensation or in terms, privileges, and
642     conditions of employment against any person otherwise qualified, for lawful expression or
643     expressive activity outside of the workplace regarding the person's religious, political, or
644     personal convictions, including convictions about marriage, family, or sexuality, unless the
645     expression or expressive activity is in direct conflict with the essential business-related
646     interests of the employer.