Need help with an employment contract? Have it reviewed by a lawyer, get answers to your questions and move forward with confidence. Connect with a lawyer now
Terms Used In Utah Code 34A-5-104
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. See Utah Code 34A-5-102
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Court: means :
(i)
the district court in the judicial district of the state in which the asserted unfair employment practice occurs; or
(ii)
if the district court is not in session at that time, a judge of the court described in Subsection (1)(d)(i). See Utah Code 34A-5-102
Disability: means a physical or mental disability as defined and covered by the Americans with Disabilities Act of 1990, 42 U. See Utah Code 34A-5-102
Division: means the Division of Antidiscrimination and Labor. See Utah Code 34A-5-102
Employee: means a person applying with or employed by an employer. See Utah Code 34A-5-102
Employer: means :
(A)
the state;
(B)
a political subdivision;
(C)
a board, commission, department, institution, school district, trust, or agent of the state or a political subdivision of the state; or
(D)
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. See Utah Code 34A-5-102
Employment agency: means a person:
(i)
undertaking to procure employees or opportunities to work for any other person; or
(ii)
holding the person out to be equipped to take an action described in Subsection (1)(j)(i). See Utah Code 34A-5-102
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Gender identity: has the meaning provided in the Diagnostic and Statistical Manual (DSM-5). See Utah Code 34A-5-102
Joint apprenticeship committee: means an association of representatives of a labor organization and an employer providing, coordinating, or controlling an apprentice training program. See Utah Code 34A-5-102
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Labor organization: means an organization that exists for the purpose in whole or in part of:
(i)
collective bargaining;
(ii)
dealing with employers concerning grievances, terms or conditions of employment; or
(iii)
other mutual aid or protection in connection with employment. See Utah Code 34A-5-102
National origin: means the place of birth, domicile, or residence of an individual or of an individual's ancestors. See Utah Code 34A-5-102
Person: means :
(i)
one or more individuals, partnerships, associations, corporations, legal representatives, trusts or trustees, or receivers;
Prohibited employment practice: means a practice specified as discriminatory, and therefore unlawful, in Section 34A-5-106. See Utah Code 34A-5-102
Sexual orientation: means an individual's actual or perceived orientation as heterosexual, homosexual, or bisexual. See Utah Code 34A-5-102
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
Subpoena: A command to a witness to appear and give testimony.
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
Vocational school: means a 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. See Utah Code 34A-5-102
(a)
The commission has jurisdiction over the subject of employment practices and discrimination made unlawful by this chapter.
(b)
The commission may adopt, publish, amend, and rescind rules, consistent with, and for the enforcement of this chapter.
(2)
The division may:
(a)
appoint and prescribe the duties of an investigator, other employee, or agent of the commission that the commission considers necessary for the enforcement of this chapter;
(b)
receive, reject, investigate, and pass upon complaints alleging:
(i)
discrimination in:
(A)
employment;
(B)
an apprenticeship program;
(C)
an on-the-job training program; or
(D)
a vocational school; or
(ii)
the existence of a discriminatory or prohibited employment practice by:
(A)
a person;
(B)
an employer;
(C)
an employment agency;
(D)
a labor organization;
(E)
an employee or member of an employment agency or labor organization;
(F)
a joint apprenticeship committee; and
(G)
a vocational school;
(c)
investigate and study the existence, character, causes, and extent of discrimination in employment, apprenticeship programs, on-the-job training programs, and vocational schools in this state by:
(i)
employers;
(ii)
employment agencies;
(iii)
labor organizations;
(iv)
joint apprenticeship committees; and
(v)
vocational schools;
(d)
formulate plans for the elimination of discrimination by educational or other means;
(e)
issue publications and reports of investigations and research that:
(i)
promote good will among the various racial, religious, and ethnic groups of the state; and
(ii)
minimize or eliminate discrimination in employment because of race, color, sex, religion, national origin, age, disability, sexual orientation, or gender identity;
(f)
prepare and transmit to the governor, at least once each year, reports describing:
(i)
division proceedings and investigations;
(ii)
decisions the division renders; and
(iii)
other work performed by the division;
(g)
recommend policies to the governor, and submit recommendation to employers, employment agencies, and labor organizations to implement those policies;
(h)
recommend legislation to the governor that the division considers necessary concerning discrimination because of:
(i)
race;
(ii)
sex;
(iii)
color;
(iv)
national origin;
(v)
religion;
(vi)
age;
(vii)
disability;
(viii)
sexual orientation; or
(ix)
gender identity; and
(i)
within the limits of appropriations made for the division’s operation, cooperate with other agencies or organizations, both public and private, in the planning and conducting of educational programs designed to eliminate discriminatory practices prohibited under this chapter.
(3)
In addition to processing complaints made in accordance with this chapter, the division shall investigate an alleged discriminatory practice involving an officer or employee of state government when requested by the Career Service Review Office.
(4)
(a)
In an investigation held under this chapter, the division may subpoena a person to compel the person to:
(i)
cooperate and participate in an interview; or
(ii)
produce for examination a book, paper, or other information relating to the matters raised by the complaint.
(b)
If a person fails or refuses to obey a subpoena issued by the division, the division may petition the district court to enforce the subpoena.
(c)
If a person asserts a privilege against self-incrimination, testimony and evidence from the witness may be compelled pursuant to Title 77, Chapter 22b, Grants of Immunity.
