Discrimination - Other - Utah

Summary of differences between federal and state regulations

The federally protected classes in employment discrimination include race, color, religion, national origin, age (40 and over), sex (including pregnancy, sexual orientation, and gender identity), disability, and genetic information.

The Utah Antidiscrimination Act identifies the following protected classes for purposes of employment discrimination:

• Race,
• Color,
• Sex,
• Pregnancy, childbirth, or pregnancy-related conditions (includes breastfeeding or medical conditions related to breastfeeding),
• Age, if the individual is 40 years of age or older,
• Religion,
• National origin (means place of birth, domicile, or residence of an individual or ancestor),
• Disability (physical or mental disability as defined by the Americans with Disabilities Act of 1990),
• Sexual orientation (an individual’s actual or perceived orientation as a heterosexual, homosexual, or bisexual), and
• Gender identity (as defined in the Diagnostic and Statistical Manual (DSM-5)).

The state also requires employers to adopt rules and policies that allow employees to dress and use sex-specific facilities consistent with their gender identities.

Utah allows employees to express religious and moral beliefs in the workplace in a reasonable manner and on equal terms with similar expressions allowed by the employer. Employers may not discharge, demote, refuse to hire, retaliate, or discriminate against an individual based on expressions of religious, political, or personal belief outside of the workplace.

A discrimination action can be brought against an employer with 15 or more employees.

State

Related information

Protected classes ezExplanation

Contact

Anti-Discrimination and Labor Division

Regulations

Utah Code §34A-5-102 et. seq.

Utah Code Ann. § 34A-5-106 Discriminatory or prohibited employment practices; Permitted practices

Utah Code Ann. § 34A-5-102 Definitions; Unincorporated entities; Joint employers; Franchisors

Utah Code Ann. § 34A-5-112 Religious liberty protections; Expressing beliefs and commitments in workplace; Prohibition on employment actions against certain employee speech

Federal

Contact

Equal Employment Opportunity Commission (EEOC)

Regulations

See applicable discrimination topic.