Federal & State Regulations | Age discrimination - Utah

State Info

Summary of differences between federal and state regulations

Employer defined

“Employer” means:

the state or any political subdivision;
a board, commission, department, institution, school district, trust, or agent of the state or its political subdivisions; or
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.

“Employer” does not include:

a religious organization or association;
a religious corporation sole; or
any corporation or association constituting a wholly owned subsidiary or agency of any religious organization or association or religious corporation sole.

Unlawful employment practices

The unlawful employment practices and exemptions are similar to those under the federal Age Discrimination in Employment Act. For example, the state law includes an exemption for a bona fide occupational qualification, as well as an exemption for a seniority or merit system.

Recordkeeping

Any personnel or employment record made or kept by an employer (including but not necessarily limited to application forms submitted by applicants and other records having to do with hiring, promotion, demotion, transfer, layoff or termination, rates of pay or other terms of compensation, and selection for training or apprenticeship) must be preserved for six months from the date of the making of the record and the personnel action involved, whichever occurs later.

In case of involuntary termination of an employee, the personnel records of the individual terminated must be kept for six months from the date of termination.

Where a complaint of discrimination has been filed, the respondent employer must preserve all personnel records relevant to the complaint and to the charging party until final disposition of the complaint. This can include personnel or employment records relating to the charging party and to all other employees holding positions similar to that held or sought by the charging party and application forms or test papers completed by an unsuccessful applicant or by all other candidates for the same position as that for which the charging party applied and was rejected.