Representative Brady Brammer proposes the following substitute bill:


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WORKPLACE DISCRIMINATION AMENDMENTS

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2024 GENERAL SESSION

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STATE OF UTAH

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Chief Sponsor: Brady Brammer

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Senate Sponsor: Michael S. Kennedy

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7     LONG TITLE
8     General Description:
9          This bill addresses religious expression in the workplace.
10     Highlighted Provisions:
11          This bill:
12          ▸     prohibits an employer from compelling an employee to communicate or otherwise
13     act in a manner that the employee believes would burden or offend the employee's
14     sincerely held religious beliefs; and
15          ▸     provides a process for an employer to accommodate an employee's religious
16     liberties.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          34A-5-112, as enacted by Laws of Utah 2015, Chapter 13
24     

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

26          Section 1. Section 34A-5-112 is amended to read:
27          34A-5-112. Religious liberty protections -- Expressing beliefs and commitments
28     in workplace -- Prohibition on employment actions against certain employee speech.
29          (1) As used in this section, "religiously objectionable expression" means expression,
30     action, or inaction that burdens or offends a sincerely held religious belief, including dress and
31     grooming requirements, speech, scheduling, prayer, and abstention, including abstentions
32     relating to healthcare.
33          [(1)] (2) An employee may express the employee's religious or moral beliefs and
34     commitments in the workplace in a reasonable, non-disruptive, and non-harassing way on
35     equal terms with similar types of expression of beliefs or commitments allowed by the
36     employer in the workplace, unless the expression is in direct conflict with the essential
37     business-related interests of the employer.
38          [(2)] (3) An employer may not discharge, demote, terminate, or refuse to hire any
39     person, or retaliate against, harass, or discriminate in matters of compensation or in terms,
40     privileges, and conditions of employment against any person otherwise qualified, for lawful
41     expression or expressive activity outside of the workplace regarding the person's religious,
42     political, or personal convictions, including convictions about marriage, family, or sexuality,
43     unless the expression or expressive activity is in direct conflict with the essential
44     business-related interests of the employer.
45          (4) An employer may not compel an employee to engage in religiously objectionable
46     expression that the employee reasonably believes would burden or offend the employee's
47     sincerely held religious beliefs, unless accommodating the employee would cause an undue
48     burden to the employer by substantially interfering with the employer's:
49          (a) core mission or the employer's ability to conduct business in an effective or
50     financially reasonable manner; or
51          (b) ability to provide training and safety instruction for the job.
52          (5) To receive an accommodation under this section, an employee shall:
53          (a) request that the employer comply with the provisions of this section by granting the
54     employee an accommodation; and
55          (b) after making a request as described in Subsection (5)(a), provide an employer with
56     a reasonable opportunity to accommodate the employee.

57          (6) This section does not require an employer to grant an employee a scheduling
58     accommodation if the employer has fewer than 15 employees.
59          Section 2. Effective date.
60          This bill takes effect on May 1, 2024.