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8 LONG TITLE
9 General Description:
10 This bill amends the Utah Protection of Public Employees Act.
11 Highlighted Provisions:
12 This bill:
13 ▸ modifies the statute of limitations for a state employee to bring a claim under the
14 Utah Protection of Public Employees Act.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 67-21-4, as last amended by Laws of Utah 2018, Chapter 178
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23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 67-21-4 is amended to read:
25 67-21-4. Choice of forum -- Remedies for employee bringing action -- Proof
26 required.
27 (1) (a) Except as provided in Subsection (1)(b) or (d), and subject to Subsections (1)(d)
28 through (e), an employee who alleges a violation of this chapter may bring a civil action for
29 appropriate injunctive relief, damages, or both, within 180 days after the [
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31 to the subject matter of the grievance under Section 63G-7-401.
32 (b) Except as provided in Subsection (1)(d):
33 (i) an employee of a political subdivision that has adopted an ordinance described in
34 Section 67-21-3.6:
35 (A) may bring a civil action described in Subsection (1)(a) within 180 days after the
36 day on which the employee has exhausted administrative remedies; and
37 (B) may not bring a civil action described in Subsection (1)(a) until the employee has
38 exhausted administrative remedies; and
39 (ii) an employee of a state institution of higher education:
40 (A) may bring a civil action described in Subsection (1)(a) within 180 days after the
41 day on which the employee has exhausted administrative remedies; and
42 (B) may not bring a civil action described in Subsection (1)(a) until the employee has
43 exhausted administrative remedies.
44 (c) Except as provided in Subsection (1)(d), a public entity employee who is not a
45 legislative employee or a judicial employee may bring a claim of retaliatory action by selecting
46 one of the following methods:
47 (i) filing a grievance with the Career Service Review Office in accordance with Section
48 67-19a-402.5; or
49 (ii) bringing a civil action for appropriate injunctive relief, damages, or both, within
50 180 days after the [
51 employee files a notice of claim in relation to the subject matter of the grievance under Section
52 63G-7-401.
53 (d) (i) A claimant may bring an action after the 180-day limit described in this
54 Subsection (1) if:
55 (A) the claimant originally brought the action within the 180-day time limit;
56 (B) the action described in Subsection (1)(d)(i)(A) failed or was dismissed for a reason
57 other than on the merits; and
58 (C) the claimant brings the new action within 180 days after the day on which the
59 claimant originally brought the action under Subsection (1)(d)(i)(A).
60 (ii) A claimant may commence a new action under this Subsection (1)(d) only once.
61 (e) A public entity employee who files a grievance under Subsection (1)(d)(i):
62 (i) may not, at any time, bring a civil action in relation to the subject matter of the
63 grievance;
64 (ii) may seek a remedy described in Subsection 67-21-3.5(2); and
65 (iii) waives the right to seek a remedy or a type of damages not included in Subsection
66 67-21-3.5(2).
67 (f) A public entity employee who files a civil action under Subsection (1)(d)(ii) may
68 not, at any time, file a grievance with the Career Service Review Office in relation to the
69 subject matter of the civil action.
70 (2) An employee who brings a civil action under this section shall bring the action in
71 the district court for the county where the alleged violation occurred, the county where the
72 complainant resides, or the county where the person against whom the civil complaint is filed
73 resides or has the person's principal place of business.
74 (3) To prevail in an action brought under this section, the employer shall prove by
75 substantial evidence that the employer's action was justified.