An employee may file a written complaint of abusive conduct with the human resources department of the employee’s employer if the complaint is against an employee of the same employer as the employee filing the complaint.
Terms Used In Utah Code 67-26-202
Abusive conduct: means verbal, nonverbal, or physical conduct of an employee to another employee of the same employer that, based on the severity, nature, or frequency of the conduct, a reasonable person would determine:
(i)
is intended to cause intimidation, humiliation, or unwarranted distress;
(ii)
results in substantial physical harm or substantial psychological harm as a result of intimidation, humiliation, or unwarranted distress; or
(iii)
exploits an employee's known physical or psychological disability. See Utah Code 67-26-102
Administrative review process: means a process that allows an employee, in relation to the findings of an abusive conduct investigation, to seek an administrative review that:
(a)
an employer conducts in accordance with Section 67-26-202; or
(b)
in relation to a state executive branch agency, the Career Service Review Office conducts in accordance with Section 67-19a-501. See Utah Code 67-26-102
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Division: means the Division of Human Resource Management. See Utah Code 67-26-102
Employee: includes an elected or appointed official of an employer. See Utah Code 67-26-102
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
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
State executive branch agency: includes an agency under the authority of the governor, lieutenant governor, state treasurer, state auditor, or attorney general. See Utah Code 67-26-102
(2)
If an employee files a written complaint of abusive conduct under Subsection (1), the human resources department of the employee’s employer shall conduct an abusive conduct investigation.
(3)
(a)
Each employer that is not a state executive branch agency:
(i)
shall provide the employer’s employees a process for:
(A)
filing an abusive conduct complaint, including an alternative process if the complaint involves an individual who would otherwise receive or review an abusive conduct complaint; and
(B)
an administrative review of the findings of an abusive conduct investigation described in Subsection (2) that is substantially similar to the administrative review process described in Section 67-19a-501; and
(ii)
may request assistance from the division, at the division’s current consultant rate, or the office, at a reasonable rate established by the office, in developing a process described in this Subsection (3)(a).
(b)
The division shall provide a process for an employee of a state executive branch agency to file an abusive conduct complaint, including an alternative process if the complaint involves an individual who would otherwise receive or review an abusive conduct complaint.
(4)
The complaint described in Subsection (1) and a subsequent abusive conduct investigation are subject to:
(a)
in relation to an employer other than a state executive branch agency, the administrative review process described in Subsection (3)(a); and
(b)
in relation to a state executive branch agency, the office’s administrative review process described in Section 67-19a-501.
