['Discrimination']
['Pregnancy Discrimination']
06/14/2024
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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 not as extensive as those under the federal Pregnancy Discrimination Act. However, any discrimination based on pregnancy, childbirth, or pregnancy-related conditions is prohibited. Also, the federal law would still apply.
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.
State
Contact
Labor Commission of Utah, Anti-Discrimination and Labor Division
Regulations
Utah Code Title 34A, Chapter 05 - Utah Anti-Discrimination Act
Administrative Rule Title R606 - Labor Commission, Anti-Discrimination and Labor, Anti-Discrimination
Federal
Contact
Equal Employment Opportunity Commission (EEOC)
Regulations
Pregnancy Discrimination Act, Public Law 95-555, 92 Stat. 2076 (1978)
29 CFR Parts 1604.10, Employment policies relating to pregnancy and childbirth.
Appendix A to Part 1604, Questions and Answers on the Pregnancy Discrimination Act, Public Law 95-555, 92 Stat. 2076 (1978)
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