Discrimination by employers is prohibited in the following sections of the Utah Code Annotated.

• 34A-5-102. Definitions.
• 34A-5-106. Discriminatory or unfair employment practices -- Permitted practices.
• 34A-5-107. Procedure for aggrieved person to file claim -- Investigations -- Adjudicative proceedings -- Settlement -- Reconsideration -- Determination.
• 34A-6-203. Discharge or discrimination against employee prohibited.

• Sec. 26-30-3. Employment of visually impaired and disabled.
• Sec. 67-19-4. Prohibited discriminatory employment practices.
• Sec. 67-19-6.3. Affirmative action plans.

• Sec. 39-1-36. Military reserves; Discrimination prohibited.
• Sec. 39-3-1. Public officers and employees; Military service; Discrimination prohibited.

Utah Antidiscrimination Act

34A-5-102. Definitions.
As used in this chapter:

(1) "Apprenticeship" means a program for the training of apprentices including a program providing the training of those persons defined as apprentices by Section 35A-6-102.

(2) "Bona fide occupational qualification" means a characteristic applying to an employee:

(a) that is necessary to the operation; or

(b) is the essence of the employee's employer's business.

(3) "Court" means:

(a) the district court in the judicial district of the state in which the asserted unfair employment practice occurred; or

(b) if this court is not in session at that time, a judge of the court described in Subsection (3)(a).

(4) "Director" means the director of the division.

(5) "Disability" means a physical or mental disability as defined and covered by the Americans with Disabilities Act of 1990, 42 U.S.C. 12102.

(6) "Division" means the Division of Antidiscrimination and Labor.

(7) "Employee" means any person applying with or employed by an employer.
(8)

(a) "Employer" means:

(i) the state;

(ii) any political subdivision;

(iii) a board, commission, department, institution, school district, trust, or agent of the state or its political subdivisions; or

(iv) a person employing 15 or more employees within the state for each working day in each of 20 calendar weeks or more in the current or preceding calendar year.

(b) "Employer" does not include:

(i) a religious organization or association;

(ii) a religious corporation sole; or

(iii) any corporation or association constituting a wholly owned subsidiary or agency of any religious organization or association or religious corporation sole.

(9) "Employment agency" means any person:

(a) undertaking to procure employees or opportunities to work for any other person; or

(b) holding itself out to be equipped to take an action described in Subsection (9)(a).

(10) "Joint apprenticeship committee" means any association of representatives of a labor organization and an employer providing, coordinating, or controlling an apprentice training program.

(11) "Labor organization" means any organization that exists for the purpose in whole or in part of:

(a) collective bargaining;

(b) dealing with employers concerning grievances, terms or conditions of employment; or

(c) other mutual aid or protection in connection with employment.

(12) "National origin" means the place of birth, domicile, or residence of an individual or of an individual's ancestors.

(13) "On-the-job-training" means any program designed to instruct a person who, while
learning the particular job for which the person is receiving instruction:

(a) is also employed at that job; or

(b) may be employed by the employer conducting the program during the course of the program, or when the program is completed.

(14) "Person" means one or more individuals, partnerships, associations, corporations, legal representatives, trusts or trustees, receivers, the state and all political subdivisions and agencies of the state.

(15) "Presiding officer" means the same as that term is defined in Section 63-46b-2.

(16) "Prohibited employment practice" means a practice specified as discriminatory, and therefore unlawful, in Section 34A-5-106.

(17) "Retaliate" means the taking of adverse action by an employer, employment agency, labor organization, apprenticeship program, on-the-job training program, or vocational school against one of its employees, applicants, or members because the employee, applicant, or member:

(a) has opposed any employment practice prohibited under this chapter; or

(b) filed charges, testified, assisted, or participated in any way in any proceeding, investigation, or hearing under this chapter.

(18) "Vocational school" means any school or institution conducting a course of instruction, training, or retraining to prepare individuals to follow an occupation or trade, or to pursue a manual, technical, industrial, business, commercial, office, personal services, or other nonprofessional occupations.
Amended by Chapter 73, 2001 General Session

34A-5-105. Antidiscrimination Advisory Council; Members; Terms; Powers; Duties

There is created an Antidiscrimination and Labor Advisory Council consisting of:

(1)

(a) 13 voting members appointed by the commissioner as follows:

(i) three employer representatives;

(ii) three employee representatives;

(iii) two representatives of persons who seek to rent or purchase dwellings as defined in Section 57-21-2;

(iv) two representatives of persons who:

(A) sell or rent dwellings; and

(B) are subject to Title 57, Chapter 21, Utah Fair Housing Act; and

(v) three representatives of the general public; and

(b) the commissioner or the commissioner's designee as a nonvoting member of the council.

(2) In making the appointments under Subsection (1), the commissioner shall consider representation of the following protected classes:

(a) race;
(b) color;
(c) national origin;
(d) gender;
(e) religion;
(f) age;
(g) persons with disabilities;
(h) familial status as defined in Section 57-21-2; and
(i) source of income as defined in Section 57-21-2.

(3) The division shall provide any necessary staff support for the council.

(4)

(a) Except as required by Subsection (4)(b), as terms of current council members expire, the commissioner shall appoint each new member or reappointed member to a four-year term.

(b) Notwithstanding the requirements of Subsection (4)(a), the commissioner shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of council members are staggered so that approximately half of the council is appointed every two years.

(5)

(a) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.

(b) The commissioner shall terminate the term of a council member who ceases to be representative as designated by the original appointment.

(6)

(a)

(i) Members who are not government employees shall receive no compensation or benefits for their services, but may receive per diem and expenses incurred in the performance of the member's official duties at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107.

(ii) Members may decline to receive per diem and expenses for their service.

(b)

(i) State government officer and employee members who do not receive salary, per diem, or expenses from their agency for their service may receive per diem and expenses incurred in the performance of their official duties from the council at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107.

(ii) State government officer and employee members may decline to receive per diem and expenses for their service.

(7) (a) The advisory council shall:

(i) offer advice on issues requested by:

(A) the commission;

(B) the division; or

(C) the Legislature; and

(ii) make recommendations to the commission and division regarding issues related to

(A) employment discrimination;
(B) housing discrimination; and

(C) the administration by the commission of:

(I) the provisions of Title 34, Labor in General, that are administered by the commission;

(II) Title 34A, Chapter 5, Utah Antidiscrimination Act; and
(
III) Title 57, Chapter 21, Utah Fair Housing Act.

(b) The council shall confer at least quarterly for the purpose of advising the commission, division, and the Legislature regarding issues described in Subsection (7)(a).

(8)

(a) The commissioner or the commissioner's designee shall serve as chair of the council .

(b) The chair is charged with the responsibility of calling the necessary meetings.

34A-5-106. Discriminatory or unfair employment practices -- Permitted practices.

(1) It is a discriminatory or prohibited employment practice to take any action described in Subsections (1)(a) through (f).

(a)

(i) An employer may not refuse to hire, promote, discharge, demote, or terminate any person, or to retaliate against, harass, or discriminate in matters of compensation or in terms, privileges, and conditions of employment against any person otherwise qualified, because of:

(A) race;
(B) color;
(C) sex;
(D) pregnancy, childbirth, or pregnancy-related conditions;
(E) age, if the individual is 40 years of age or older;
(F) religion;
(G) national origin; or
(H) disability.

(ii) A person may not be considered "otherwise qualified," unless that person possesses the following required by an employer for any particular job, job classification, or position:

(A) education;
(B) training;
(C) ability, with or without reasonable accommodation;
(D) moral character;
(E) integrity;
(F) disposition to work;
(G) adherence to reasonable rules and regulations; and
(H) other job related qualifications required by an employer.

(iii) (A) As used in this chapter, "to discriminate in matters of compensation" means the payment of differing wages or salaries to employees having substantially equal experience, responsibilities, and skill for the particular job.

(B) Notwithstanding Subsection (1)(a)(iii)(A):

(I) nothing in this chapter prevents increases in pay as a result of longevity with the employer, if the salary increases are uniformly applied and available to all employees on a substantially proportional basis; and

(II) nothing in this section prohibits an employer and employee from agreeing to a rate of pay or work schedule designed to protect the employee from loss of Social Security payment or benefits if the employee is eligible for those payments.

(b) An employment agency may not:

(i) refuse to list and properly classify for employment, or refuse to refer an individual for employment, in a known available job for which the individual is otherwise qualified, because of:

(A) race;
(B) color;
(C) sex;
(D) pregnancy, childbirth, or pregnancy-related conditions;
(E) religion;
(F) national origin;
(G) age, if the individual is 40 years of age or older; or
(H) disability;

(ii) comply with a request from an employer for referral of applicants for employment if the request indicates either directly or indirectly that the employer discriminates in employment on account of:

(A) race;
(B) color;
(C) sex;
(D) pregnancy, childbirth, or pregnancy-related conditions;
(E) religion;
(F) national origin;
(G) age, if the individual is 40 years of age or older; or
(H) disability;

(c) A labor organization may not exclude any individual otherwise qualified from full membership rights in the labor organization, expel the individual from membership in the labor organization, or otherwise discriminate against or harass any of the labor organization's members in full employment of work opportunity, or representation, because of:

(i) race;
(ii) sex;
(iii) pregnancy, childbirth, or pregnancy-related conditions;
(iv) religion;
(v) national origin;
(vi) age, if the individual is 40 years of age or older; or
(vii) disability;

(d) Unless based upon a bona fide occupational qualification, or required by and given to an agency of government for security reasons, an employer, employment agency, or labor organization may not print, or circulate, or cause to be printed or circulated, any statement, advertisement, or publication, use any form of application for employment or membership, or make any inquiry in connection with prospective employment or membership that expresses, either directly or indirectly:

(i) any limitation, specification, or discrimination as to:

(A) race;
(B) color;
(C) religion;
(D) sex;
(E) pregnancy, childbirth, or pregnancy-related conditions;
(F) national origin;
(G) age, if the individual is 40 years of age or older; or
(H) disability;

(ii) the intent to make any limitation, specification, or discrimination described in Subsection (1)(d)(i).

(e) A person, whether or not an employer, an employment agency, a labor organization, or the employees or members of an employer, employment agency, or labor organization, may not:

(i) aid, incite, compel, or coerce the doing of an act defined in this section to be a discriminatory or prohibited employment practice;

(ii) obstruct or prevent any person from complying with this chapter, or any order issued under this chapter; or

(iii) attempt, either directly or indirectly, to commit any act prohibited in this section.

(f)

(i) An employer, labor organization, joint apprenticeship committee, or vocational school, providing, coordinating, or controlling apprenticeship programs, or providing, coordinating, or controlling on-the-job-training programs, instruction, training, or retraining programs may not:

(A) deny to, or withhold from, any qualified person, the right to be admitted to, or participate in any apprenticeship training program, on-the-job-training program, or other occupational instruction, training or retraining program because of:

(I) race;
(II) color;
(III) sex;
(IV) pregnancy, childbirth, or pregnancy-related conditions;
(V) religion;
(VI) national origin;
(VII) age, if the individual is 40 years of age or older; or
(VIII) disability;

(B) discriminate against or harass any qualified person in that person's pursuit of programs described in Subsection (1)(f)(i)(A), or to discriminate against such a person in the terms, conditions, or privileges of programs described in Subsection (1)(f)(i)(A), because of:

(I) race;
(II) color;
(III) sex;
(IV) pregnancy, childbirth, or pregnancy-related conditions;
(V) religion;
(VI) national origin;
(VII) age, if the individual is 40 years of age or older; or
(VIII) disability;

(C) except as provided in Subsection (1)(f)(ii), print, publish, or cause to be printed or published, any notice or advertisement relating to employment by the employer, or membership in or any classification or referral for employment by a labor organization, or relating to any classification or referral for employment by an employment agency, indicating any preference, limitation, specification, or discrimination based on:

(I) race;
(II) color;
(III) sex;
(IV) pregnancy, childbirth, or pregnancy-related conditions;
(V) religion;
(VI) national origin;
(VII) age, if the individual is 40 years of age or older; or
(VIII) disability;

(ii) Notwithstanding Subsection (1)(f)(i)(C), if the following is a bona fide occupational qualification for employment, a notice or advertisement described in Subsection (1)(f)(i)(C) may indicate a preference, limitation, specification, or discrimination based on:

(A) race;
(B) color;
(C) religion;
(D) sex;
(E) pregnancy, childbirth, or pregnancy-related conditions;
(F) age;
(G) national origin; or
(H) disability.

(2) Nothing contained in Subsections (1)(a) through (1)(f) shall be construed to prevent:

(a) the termination of employment of an individual who, with or without reasonable accommodation, is physically, mentally, or emotionally unable to perform the duties required by that individual's employment;

(b) the variance of insurance premiums or coverage on account of age; or

(c) a restriction on the activities of individuals licensed by the liquor authority with respect to persons under 21 years of age.

(3)

(a) It is not a discriminatory or prohibited employment practice:

(i) for an employer to hire and employ employees, for an employment agency to classify or refer for employment any individual, for a labor organization to classify its membership or to classify or refer for employment any individual or for an employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining programs to admit or employ any individual in any such program, on the basis of religion, sex, pregnancy, childbirth, or pregnancy-related conditions, age, national origin, or disability in those certain instances where religion, sex, pregnancy, childbirth, or pregnancy-related conditions, age, if the individual is 40 years of age or older, national origin, or disability is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise;

(ii) for a school, college, university, or other educational institution to hire and employ employees of a particular religion if:

(A) the school, college, university, or other educational institution is, in whole or in substantial part, owned, supported, controlled, or managed by a particular religious corporation, association, or society; or

(B) the curriculum of the school, college, university, or other educational institution is directed toward the propagation of a particular religion;

(iii) for an employer to give preference in employment to:

(A) the employer's:

(I) spouse;
(II) child; or
(III) son-in-law or daughter-in-law;

(B) any person for whom the employer is or would be liable to furnish financial support if those persons were unemployed;
(C) any person to whom the employer during the preceding six months has furnished more than one-half of total financial support regardless of whether or not the employer was or is legally obligated to furnish support; or
(D) any person whose education or training was substantially financed by the employer for a period of two years or more.

(b) Nothing in this chapter applies to any business or enterprise on or near an Indian reservation with respect to any publicly announced employment practice of the business or enterprise under which preferential treatment is given to any individual because that individual is a native American Indian living on or near an Indian reservation.

(c) Nothing in this chapter shall be interpreted to require any employer, employment agency, labor organization, vocational school, joint labor-management committee, or apprenticeship program subject to this chapter to grant preferential treatment to any individual or to any group because of the race, color, religion, sex, age, national origin, or disability of the individual or group on account of an imbalance which may exist with respect to the total number or percentage of persons of any race, color, religion, sex, age, national origin, or disability employed by any employer, referred or classified for employment by an employment agency or labor organization, admitted to membership or classified by any labor organization, or admitted to or employed in, any apprenticeship or other training program, in comparison with the total number or percentage of persons of that race, color, religion, sex, age, national origin, or disability in any community or county or in the available work force in any community or county.

(4) It is not a discriminatory or prohibited practice with respect to age to observe the terms of a bona fide seniority system or any bona fide employment benefit plan such as a retirement, pension, or insurance plan that is not a subterfuge to evade the purposes of this chapter, except that no such employee benefit plan shall excuse the failure to hire an individual.

(5) Notwithstanding Subsection (4), or any other statutory provision to the contrary, a person may not be subject to involuntary termination or retirement from employment on the basis of age alone, if the individual is 40 years of age or older, except:

(a) under Subsection (6);
(b) under Section 67-5-8; and
(c) when age is a bona fide occupational qualification.

(6) Nothing in this section prohibits compulsory retirement of an employee who has attained at least 65 years of age, and who, for the two-year period immediately before retirement, is employed in a bona fide executive or a high policymaking position, if:

(a) that employee is entitled to an immediate nonforfeitable annual retirement benefit from the employee's employer's pension, profit-sharing, savings, or deferred compensation plan, or any combination of those plans; and

(b) the benefit described in Subsection (6)(a) equals, in the aggregate, at least $44,000.

34A-5-107. Procedure for aggrieved person to file claim -- Investigations -- Adjudicative proceedings -- Settlement -- Reconsideration -- Determination.

(1) (a) Any person claiming to be aggrieved by a discriminatory or prohibited employment practice may, or that person's attorney or agent may, make, sign, and file with the division a request for agency action.

(b) Every request for agency action shall be verified under oath or affirmation.

(c) A request for agency action made under this section shall be filed within 180 days after the alleged discriminatory or prohibited employment practice occurred.

(d) The division may transfer a request for agency action filed with the division pursuant to this section to the federal Equal Employment Opportunity Commission in accordance with the provisions of any work-share agreement that is:

(i) between the division and the Equal Employment Opportunity Commission; and

(ii) in effect on the day on which the request for agency action is transferred.

(2) Any employer, labor organization, joint apprenticeship committee, or vocational school who has an employee or member who refuses or threatens to refuse to comply with this chapter may file with the division a request for agency action asking the division for assistance to obtain the employee's or member's compliance by conciliation or other remedial action.

(3)

(a) Before a hearing is set or held as part of any adjudicative proceeding, the division shall promptly assign an investigator to attempt a settlement between the parties by conference, conciliation, or persuasion.

(b) If no settlement is reached, the investigator shall make a prompt impartial investigation of all allegations made in the request for agency action.

(c) The division and its staff, agents, and employees:

(i) shall conduct every investigation in fairness to all parties and agencies involved; and

(ii) may not attempt a settlement between the parties if it is clear that no discriminatory or prohibited employment practice has occurred.

(d) An aggrieved party may withdraw the request for agency action prior to the issuance of a final order.

(4)

(a) If the initial attempts at settlement are unsuccessful, and the investigator uncovers insufficient evidence during the investigation to support the allegations of a discriminatory or prohibited employment practice set out in the request for agency action, the investigator shall formally report these findings to the director or the director's designee.

(b) Upon receipt of the investigator's report described in Subsection (4)(a), the director or the director's designee may issue a determination and order for dismissal of the adjudicative proceeding.

(c) A party may make a written request to the Division of Adjudication for an evidentiary hearing to review de novo the director's or the director's designee's determination and order within 30 days of the date the determination and order for dismissal is issued.

(d) If the director or the director's designee receives no timely request for a hearing, the determination and order issued by the director or the director's designee becomes the final order of the commission.

(5)

(a) If the initial attempts at settlement are unsuccessful and the investigator uncovers sufficient evidence during the investigation to support the allegations of a discriminatory or prohibited employment practice set out in the request for agency action, the investigator shall formally report these findings to the director or the director's designee.

(b)

(i) Upon receipt of the investigator's report described in Subsection (5)(a), the director or the director's designee may issue a determination and order based on the investigator's report.

(ii) A determination and order issued under this Subsection (5)(b) shall:

(A) A direct the respondent to cease any discriminatory or prohibited employment practice; and

(B) provide relief to the aggrieved party as the director or the director's designee determines is appropriate.

(c) A party may file a written request to the Division of Adjudication for an evidentiary hearing to review de novo the director's or the director's designee's determination and order within 30 days of the date the determination and order is issued.

(d) If the director or the director's designee receives no timely request for a hearing, the determination and order issued by the director or the director's designee in accordance with Subsection (5)(b) becomes the final order of the commission.

(6) In any adjudicative proceeding to review the director's or the director's designee's determination that a prohibited employment practice has occurred, the division shall present the factual and legal basis of the determination or order issued under Subsection (5).

(7)

(a) Prior to commencement of an evidentiary hearing:

(i) the party filing the request for agency action may reasonably and fairly amend any allegation; and
(ii) the respondent may amend its answer.

(b) An amendment permitted under this Subsection (7) may be made:

(i) during or after a hearing; and
(ii) only with permission of the presiding officer.

(8)

(a) If, upon all the evidence at a hearing, the presiding officer finds that a respondent has not engaged in a discriminatory or prohibited employment practice, the presiding officer shall issue an order dismissing the request for agency action containing the allegation of a discriminatory or prohibited employment practice.

(b) The presiding officer may order that the respondent be reimbursed by the complaining party for the respondent's attorneys' fees and costs.

(9) If upon all the evidence at the hearing, the presiding officer finds that a respondent has engaged in a discriminatory or prohibited employment practice, the presiding officer shall issue an order requiring the respondent to:

(a) cease any discriminatory or prohibited employment practice; and

(b) provide relief to the complaining party, including:

(i) reinstatement;
(ii) back pay and benefits;
(iii) attorneys' fees; and
(iv) costs.

(10) Conciliation between the parties is to be urged and facilitated at all stages of the adjudicative process.

(11)

(a) Either party may file with the Division of Adjudication a written request for review before the commissioner or Appeals Board of the order issued by the presiding officer in accordance with:

(i) Section 63-46b-12; and
(ii) Chapter 1, Part 3, Adjudicative Proceedings.

(b) If there is no timely request for review, the order issued by the presiding officer becomes the final order of the commission.

(12) An order of the commission under Subsection (11)(a) is subject to judicial review as provided in:

(a) Section 63-46b-16; and
(b) Chapter 1, Part 3, Adjudicative Proceedings.

(13) The commission shall have authority to make rules concerning procedures under this chapter in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act.

(14) The commission and its staff may not divulge or make public any information gained from any investigation, settlement negotiation, or proceeding before the commission except as provided in Subsections (14)(a) through (d).

(a) Information used by the director or the director's designee in making any determination may be provided to all interested parties for the purpose of preparation for and participation in proceedings before the commission.

(b) General statistical information may be disclosed provided the identities of the individuals or parties are not disclosed.

(c) Information may be disclosed for inspection by the attorney general or other legal representatives of the state or the commission.

(d) Information may be disclosed for information and reporting requirements of the federal government.

(15) The procedures contained in this section are the exclusive remedy under state law for employment discrimination based upon:

(a) race;
(b) color;
(c) sex;
(d) retaliation;
(e) pregnancy, childbirth, or pregnancy-related conditions;
(f) age;
(g) religion;
(h) national origin; or
(i) disability.

(16)

(a) The commencement of an action under federal law for relief based upon any act prohibited by this chapter bars the commencement or continuation of any adjudicative proceeding before the commission in connection with the same claims under this chapter.

(b) The transfer of a request for agency action to the Equal Employment Opportunity Commission in accordance with Subsection (1)(d) is considered the commencement of an action under federal law for purposes of Subsection (16)(a).

(c) Nothing in this Subsection (16) is intended to alter, amend, modify, or impair the exclusive remedy provision set forth in Subsection (15). .

34A-6-203. Discharge or discrimination against employee prohibited.

(1) The commission or the attorney general at the request of the commission shall commence an action under Section 63-46b-19 for civil enforcement of a final order of the commission issued under Subsection 34A-5-107(11) if:

(a) the order finds that there is reasonable cause to believe that a respondent has engaged or is engaging in discriminatory or prohibited employment practices made unlawful by this chapter;

(b) counsel to the commission or the attorney general determines after reasonable inquiry that the order is well grounded in fact and is warranted by existing law;

(c) the respondent has not received an order of automatic stay or discharge from the United States Bankruptcy Court; and

(d)

(i) the commission has not accepted a conciliation agreement to which the aggrieved party and respondent are parties; or

(ii) the respondent has not conciliated or complied with the final order of the commission within 30 days from the date the order is issued.

(2) If the respondent seeks judicial review of the final order under Section 63-46b-16, pursuant to Section 63-46b-18 the commission may stay seeking civil enforcement pending the completion of the judicial review.

State Employment - Visually impaired and disabled

Sec. 26-30-3. Employment of visually impaired and disabled.

It is the policy of this state that a person who is blind, visually impaired, and otherwise physically disabled shall be employed in the state service, the service of the political subdivisions of the state, in the public schools, and in all other employment supported in whole or in part by public funds on the same terms and conditions as the able-bodied, unless it is shown that the particular disability prevents the performance of the work involved.

Sec. 67-19-4. Prohibited discriminatory employment practices.

The state, its officers, and employees shall be governed by the provisions of 34A-5-106 of the Utah AntiDiscrimination Act concerning discriminatory or prohibited employment practices.

Sec. 67-19-6.3. Affirmative action plans.

(1) In conjunction with the director's duties under Section 67-19-6, and notwithstanding the general prohibition in Section 34A-5-106(3), the director shall prepare an equal employment opportunity plan for state employment consistent with the guidelines provided in federal equal employment opportunity laws, as amended, and in related federal regulations.

(2) The equal employment opportunity plan required by this section applies only to state career service employees described in section 67-19-15.

(3) The equal employment opportunity plan required by this section before it may be implemented.

(4) Nothing in this section requires the establishment of hiring quotas or preferential treatment of any identifiable group.

Discrimination Against Military Service Personnel

Sec. 39-1-36. [Military reserves; Discrimination prohibited].

(1) Any member of a reserve component of the armed forces of the United States who pursuant to military orders enters active duty, active duty for training, inactive duty training, or state active duty shall upon request be granted a leave of absence from employment, but for no more than five years.

(2) Upon satisfactory release from the training or from hospitalization incidental to the training, the member shall be permitted to return to the prior employment with the seniority, status, pay, and vacation the member would have had as an employee if he had not been absent for military purposes.

(3) Any employer who willfully deprives an employee who is absent as a member under Subsection (1) of any of the benefits under Subsection (2) or discriminates in hiring for any employment position, public or private, based n membership in any reserve component of the armed forces, is guilty of a lass B misdemeanor.

Title 39, Chapter 1

Sec. 39-3-1. [Public officers and employees; Military service; Discrimination prohibited].

(1) A public employee, public officer, or legislative employee, as defined in section 67-16-3, who enters active service in any branch of the armed forces f this state or of the United States shall be granted a leave of absence uring that service.

(2) (a) A person entitled to a leave of absence under this section shall be restored to the same position, or to a position equivalent to the same position, which the person held immediately prior to the commencement of active military service.

(b) A request for restoration of employment under this section must be submitted within 40 days after release from active service.

(c) Restoration of employment shall be made within 20 days after submission of the request to the employer.

(d) A person returning from active military service may not, without cause, be discharged or subjected to reduction of compensation for a period of one year following a return to employment under this section.

(3) A person returning to employment under this section:

(a) shall retain all personal, sick, and other leave to which the person was entitled immediately prior to the commencement of active military service;

(b) shall receive and earn benefits and compensation at a level not less than that to which the person would have been entitled had the officer or employee not been absent due to active military service; and

(c) may not be prejudiced, by the preservice employer or that employer's successor in interest, as to employment, appointment, reappointment, reemployment, or promotion by reason of the employee's active military service.

(4)(a) No public employee, public officer, or legislative employee may be required to resign from, vacate, or forfeit a governmental office or position as a consequence of entering into active military service.

(b) A person in active military service is not considered to be holding an office or position of trust or employment under the United States government for purposes of determining whether that person is disqualified or prohibited from retaining a position or serving as a public employee, public officer, or legislative employee.

(c) Nothing in this section shall serve to extend a period of employment or term of office beyond that to which the affected person was elected or appointed. A person who is a legislator or public officer for a specific term by virtue of election or appointment is entitled to a leave of absence under this section for a period not to exceed the applicable term.

(5) A person denied restoration of employment or benefits given under this section may petition the district court of the county in which the person resides, or in which the denial occurs, to require the public employer to comply with the provisions of this section without delay. Fees or court costs may not be assessed against the petitioner. The court shall order a speedy hearing in the case and advance it on the calendar so far as reasonably possible. If the court determines that the petitioner is entitled to relief, the court shall order all appropriate relief, to include compensation for loss of wages and benefits and an award of attorneys' fees and costs.

This chapter is known as "Rights and Privileges of a Person with a Disability."
62A-5b-101. Title.

This chapter is known as "Rights and Privileges of a Person with a Disability."

62A-5b-102. Definitions.

As used in this chapter:

(1) "Disability" has the same meaning as defined in 42 U.S.C. 12102 of the Americans With Disabilities Act of 1990, as may be amended in the future, and 28 C.F.R. 36.104 of the Code of Federal Regulations, as may be amended in the future.

(2) "Emotional support animal":

(a) means an animal in the possession of a person:

(i) with a disability; and

(ii) with specific documentation from a mental health therapist that the animal is needed in a particular location described in Section 62A-5b-103 , other than a restaurant, by the person to address a mental health condition; and

(b) does not include an animal in the possession of a person with a disability in any other location than the particular location described in Subsection (2)(a)(ii).

(3) "Mental health therapist" has the same meaning as defined in Title 58, Chapter 60, Mental Health Professional Practice Act.

(4) "Mental health therapy" has the same meaning as defined in Title 58, Chapter 60, Mental Health Professional Practice Act.

(5) "Psychiatric therapy animal" means an animal:

(a) specifically trained for use by a mental health therapist in the course of providing mental health therapy to a person with a disability; and

(b) in the possession of a mental health therapist.

(6) "Restaurant":

(a) includes any coffee shop, cafeteria, luncheonette, soda fountain, dining room, or fast-food service where food is prepared or served for immediate consumption; and

(b) does not include:

(i) any retail establishment whose primary business or function is the sale of fuel or food items for off-premise, but not immediate, consumption; and

(ii) except for a dinner theater, a theater that sells food items.

(7) "Service animal" means:

(a)

(i) a guide dog;

(ii) a signal dog; or

(iii) any other animal individually trained to do work or perform tasks for the benefit of a person with a disability, including:

(A) guiding a person with impaired vision;

(B) alerting a person with impaired hearing to intruders or sounds;

(C) providing minimal protection or rescue work;

(D) pulling a wheelchair; or

(E) fetching dropped items;

(b) an emotional support animal; or

(c) an animal in training to become an animal described in Subsection (7)(a) or (b).

62A-5b-105. Policy of state to employ persons with a disability.

It is the policy of this state that a person with a disability shall be employed in the state service, the service of the political subdivisions of the state, in the public schools, and in all other employment supported in whole or in part by public funds on the same terms and conditions as a person who is not a person with a disability, unless it is shown that the particular disability prevents the performance of the work involved.

62A-5b-106. Interference with rights provided in this chapter -- Misrepresentation of rights under this chapter.

(1) Any person, or agent of any person, who denies or interferes with the rights provided in this chapter is guilty of a class C misdemeanor.

(2) A person is guilty of a class B misdemeanor if:

(a) the person intentionally and knowingly falsely represents to another person that an animal is a service animal as defined in Section 62A-5b-102 ; or

(b) the person knowingly and intentionally misrepresents a material fact to a health care provider for the purpose of obtaining documentation from the health care provider necessary to designate an animal as a service animal as defined in Section 62A-5b-102