Text of UT HB 111 (2024)

H.B. 111 LEGISLATIVE GENERAL COUNSEL 6 Approved for Filing: A. Weenig 6 6 01-02-24 2:25 PM 6 H.B. 111 1 EMPLOYMENT TRAINING REQUIREMENT LIMITATIONS 2 2024 GENERAL SESSION 3 STATE OF UTAH 4 Chief Sponsor: Tim Jimenez 5 Senate Sponsor: ____________ 6 7 LONG TITLE 8 General Description: 9 This bill prohibits, for purposes of employment discrimination, certain training or other 10 requirements that compel or require adherence to or belief in certain concepts. 11 Highlighted Provisions: 12 This bill: 13 < prohibits, for purposes of employment discrimination, training or other 14 requirements that compel or require adherence to or belief in certain concepts; 15 < clarifies that the prohibition does not prohibit certain objective discussions; 16 < provides for severability; and 17 < makes technical and conforming changes. 18 Money Appropriated in this Bill: 19 None 20 Other Special Clauses: 21 This bill provides a special effective date. 22 Utah Code Sections Affected: 23 AMENDS: 24 34A-5-106, as last amended by Laws of Utah 2016, Chapter 330 25 26 Be it enacted by the Legislature of the state of Utah: 27 Section 1. Section 34A-5-106 is amended to read: *HB0111* H.B. 111 01-02-24 2:25 PM - 2 - 28 34A-5-106. Discriminatory or prohibited employment practices -- Permitted 29 practices. 30 (1) It is a discriminatory or prohibited employment practice to take an action described 31 in Subsections (1)(a) through [(g)] (h). 32 (a) (i) An employer may not refuse to hire, promote, discharge, demote, or terminate a 33 person, or to retaliate against, harass, or discriminate in matters of compensation or in terms, 34 privileges, and conditions of employment against a person otherwise qualified, because of: 35 (A) race; 36 (B) color; 37 (C) sex; 38 (D) pregnancy, childbirth, or pregnancy-related conditions; 39 (E) age, if the individual is 40 years of age or older; 40 (F) religion; 41 (G) national origin; 42 (H) disability; 43 (I) sexual orientation; or 44 (J) gender identity. 45 (ii) A person may not be considered "otherwise qualified," unless that person possesses 46 the following required by an employer for any particular job, job classification, or position: 47 (A) education; 48 (B) training; 49 (C) ability, with or without reasonable accommodation; 50 (D) moral character; 51 (E) integrity; 52 (F) disposition to work; 53 (G) adherence to reasonable rules and regulations; and 54 (H) other job related qualifications required by an employer. 55 (iii) (A) As used in this chapter, "to discriminate in matters of compensation" means 56 the payment of differing wages or salaries to employees having substantially equal experience, 57 responsibilities, and skill for the particular job. 58 (B) Notwithstanding Subsection (1)(a)(iii)(A): 01-02-24 2:25 PM H.B. 111 - 3 - 59 (I) nothing in this chapter prevents an increase in pay as a result of longevity with the 60 employer, if the salary increase is uniformly applied and available to all employees on a 61 substantially proportional basis; and 62 (II) nothing in this section prohibits an employer and employee from agreeing to a rate 63 of pay or work schedule designed to protect the employee from loss of Social Security payment 64 or benefits if the employee is eligible for those payments. 65 (b) An employment agency may not: 66 (i) refuse to list and properly classify for employment, or refuse to refer an individual 67 for employment, in a known available job for which the individual is otherwise qualified, 68 because of: 69 (A) race; 70 (B) color; 71 (C) sex; 72 (D) pregnancy, childbirth, or pregnancy-related conditions; 73 (E) religion; 74 (F) national origin; 75 (G) age, if the individual is 40 years of age or older; 76 (H) disability; 77 (I) sexual orientation; or 78 (J) gender identity; or 79 (ii) comply with a request from an employer for referral of an applicant for 80 employment if the request indicates either directly or indirectly that the employer discriminates 81 in employment on account of: 82 (A) race; 83 (B) color; 84 (C) sex; 85 (D) pregnancy, childbirth, or pregnancy-related conditions; 86 (E) religion; 87 (F) national origin; 88 (G) age, if the individual is 40 years of age or older; 89 (H) disability; H.B. 111 01-02-24 2:25 PM - 4 - 90 (I) sexual orientation; or 91 (J) gender identity. 92 (c) (i) A labor organization may not for a reason listed in Subsection (1)(c)(ii): 93 (A) exclude an individual otherwise qualified from full membership rights in the labor 94 organization; 95 (B) expel the individual from membership in the labor organization; or 96 (C) otherwise discriminate against or harass a member of the labor organization in full 97 employment of work opportunity, or representation. 98 (ii) A labor organization may not take an action listed in this Subsection (1)(c) because 99 of: 100 (A) race; 101 (B) sex; 102 (C) pregnancy, childbirth, or pregnancy-related conditions; 103 (D) religion; 104 (E) national origin; 105 (F) age, if the individual is 40 years of age or older; 106 (G) disability; 107 (H) sexual orientation; or 108 (I) gender identity. 109 (d) (i) Unless based upon a bona fide occupational qualification, or required by and 110 given to an agency of government for a security reason, an employer, employment agency, or 111 labor organization may not do the following if the statement, advertisement, publication, form, 112 or inquiry violates Subsection (1)(d)(ii): 113 (A) print, circulate, or cause to be printed or circulated a statement, advertisement, or 114 publication; 115 (B) use a form of application for employment or membership; or 116 (C) make any inquiry in connection with prospective employment or membership. 117 (ii) This Subsection (1)(d) applies to a statement, advertisement, publication, form, or 118 inquiry that directly expresses a limitation, specification, or discrimination as to: 119 (A) race; 120 (B) color; 01-02-24 2:25 PM H.B. 111 - 5 - 121 (C) religion; 122 (D) sex; 123 (E) pregnancy, childbirth, or pregnancy-related conditions; 124 (F) national origin; 125 (G) age, if the individual is 40 years of age or older; 126 (H) disability; 127 (I) sexual orientation; or 128 (J) gender identity. 129 (e) A person, whether or not an employer, an employment agency, a labor organization, 130 or an employee or member of an employer, employment agency, or labor organization, may 131 not: 132 (i) aid, incite, compel, or coerce the doing of an act defined in this section to be a 133 discriminatory or prohibited employment practice; 134 (ii) obstruct or prevent a person from complying with this chapter, or any order issued 135 under this chapter; or 136 (iii) attempt, either directly or indirectly, to commit an act prohibited in this section. 137 (f) (i) An employer, labor organization, joint apprenticeship committee, or vocational 138 school providing, coordinating, or controlling an apprenticeship program or providing, 139 coordinating, or controlling an on-the-job-training program, instruction, training, or retraining 140 program may not: 141 (A) deny to, or withhold from, any qualified person the right to be admitted to or 142 participate in an apprenticeship training program, on-the-job-training program, or other 143 occupational instruction, training, or retraining program because of: 144 (I) race; 145 (II) color; 146 (III) sex; 147 (IV) pregnancy, childbirth, or pregnancy-related conditions; 148 (V) religion; 149 (VI) national origin; 150 (VII) age, if the individual is 40 years of age or older; 151 (VIII) disability; H.B. 111 01-02-24 2:25 PM - 6 - 152 (IX) sexual orientation; or 153 (X) gender identity; 154 (B) discriminate against or harass a qualified person in that person's pursuit of a 155 program described in Subsection (1)(f)(i)(A) because of: 156 (I) race; 157 (II) color; 158 (III) sex; 159 (IV) pregnancy, childbirth, or pregnancy-related conditions; 160 (V) religion; 161 (VI) national origin; 162 (VII) age, if the individual is 40 years of age or older; 163 (VIII) disability; 164 (IX) sexual orientation; or 165 (X) gender identity; 166 (C) discriminate against a qualified person in the terms, conditions, or privileges of a 167 program described in Subsection (1)(f)(i)(A), because of: 168 (I) race; 169 (II) color; 170 (III) sex; 171 (IV) pregnancy, childbirth, or pregnancy-related conditions; 172 (V) religion; 173 (VI) national origin; 174 (VII) age, if the individual is 40 years of age or older; 175 (VIII) disability; 176 (IX) sexual orientation; or 177 (X) gender identity; or 178 (D) except as provided in Subsection (1)(f)(ii), print, publish, or cause to be printed or 179 published, a notice or advertisement relating to employment by the employer, or membership in 180 or a classification or referral for employment by a labor organization, or relating to a 181 classification or referral for employment by an employment agency, indicating a preference, 182 limitation, specification, or discrimination based on: 01-02-24 2:25 PM H.B. 111 - 7 - 183 (I) race; 184 (II) color; 185 (III) sex; 186 (IV) pregnancy, childbirth, or pregnancy-related conditions; 187 (V) religion; 188 (VI) national origin; 189 (VII) age, if the individual is 40 years of age or older; 190 (VIII) disability; 191 (IX) sexual orientation; or 192 (X) gender identity. 193 (ii) Notwithstanding Subsection (1)(f)(i)(D), if the following is a bona fide 194 occupational qualification for employment, a notice or advertisement described in Subsection 195 (1)(f)(i)(D) may indicate a preference, limitation, specification, or discrimination based on: 196 (A) race; 197 (B) color; 198 (C) religion; 199 (D) sex; 200 (E) pregnancy, childbirth, or pregnancy-related conditions; 201 (F) age; 202 (G) national origin; 203 (H) disability; 204 (I) sexual orientation; or 205 (J) gender identity. 206 (g) Subject to Subsection (7), an employer may not: 207 (i) refuse to provide reasonable accommodations for an employee related to pregnancy, 208 childbirth, breastfeeding, or related conditions: 209 (A) if the employee requests a reasonable accommodation; and 210 (B) unless the employer demonstrates that the accommodation would create an undue 211 hardship on the operations of the employer; 212 (ii) require an employee to terminate employment if another reasonable 213 accommodation can be provided for the employee's pregnancy, childbirth, breastfeeding, or H.B. 111 01-02-24 2:25 PM - 8 - 214 related conditions unless the employer demonstrates that the accommodation would create an 215 undue hardship on the operations of the employer; or 216 (iii) deny employment opportunities to an employee, if the denial is based on the need 217 of the employer to make reasonable accommodations related to the pregnancy, childbirth, 218 breastfeeding, or related conditions of an employee unless the employer demonstrates that the 219 accommodation would create an undue hardship on the operations of the employer. 220 (h) (i) It is unlawful to subject an individual, as a condition of employment, 221 membership, certification, licensing, credentialing, or passing an examination, to training, 222 instruction, or any other required activity that espouses, promotes, advances, or compels the 223 individual to believe or profess a belief in any of the following concepts and constitutes 224 discrimination based on race, color, sex, or national origin: 225 (A) that members of one race, color, sex, or national origin are morally superior to 226 members of another race, color, sex, or national origin; 227 (B) that an individual, by virtue of the individual's race, color, sex, or national origin, is 228 inherently racist, sexist, or oppressive, whether consciously or unconsciously; 229 (C) that an individual's moral character or status as either privileged or oppressed is 230 necessarily determined by the individual's race, color, sex, or national origin; 231 (D) that members of one race, color, sex, or national origin cannot or should not 232 attempt to treat others without respect to race, color, sex, or national origin; 233 (E) that an individual, by virtue of the individual's race, color, sex, or national origin, 234 bears responsibility for, or should be subject to discrimination or adverse treatment because of 235 actions that other members of the same race, color, sex, or national origin committed in the 236 past; 237 (F) that an individual, by virtue of the individual's race, color, sex, or national origin, 238 should be subject to discrimination or adverse treatment to achieve diversity, equity, or 239 inclusion; or 240 (G) that virtues including merit, excellence, hard work, fairness, neutrality, objectivity, 241 and racial colorblindness are racist or sexist, or the creation of members of a particular race, 242 color, sex, or national origin to oppress members of another race, color, sex, or national origin. 243 (ii) Nothing in this Subsection (1)(h) prohibits an objective discussion of the concepts 244 described in Subsection (1)(h)(i) as part of a course of training or instruction that does not 01-02-24 2:25 PM H.B. 111 - 9 - 245 include an endorsement of the concepts or a requirement of adherence to or belief in the 246 concepts. 247 (iii) (A) The provisions of this Subsection (1)(h) are severable. 248 (B) If a court holds invalid any provision of this Subsection (1)(h) or the application of 249 this Subsection (1)(h) to any individual or circumstance, the invalidity does not affect other 250 provisions or applications of this Subsection (1)(h) that can be given effect without the 251 invalidated provision or application. 252 (2) Subsections (1)(a) through [(1)(g) may not be construed to] (1)(h) do not prevent: 253 (a) the termination of employment of an individual who, with or without reasonable 254 accommodation, is physically, mentally, or emotionally unable to perform the duties required 255 by that individual's employment; 256 (b) the variance of insurance premiums or coverage on account of age; or 257 (c) a restriction on the activities of a person licensed in accordance with Title 32B, 258 Alcoholic Beverage Control Act, with respect to an individual who is under 21 years of age. 259 (3) (a) It is not a discriminatory or prohibited employment practice: 260 (i) for an employer to hire and employ an employee, for an employment agency to 261 classify or refer for employment an individual, for a labor organization to classify its 262 membership or to classify or refer for employment an individual, or for an employer, labor 263 organization, or joint labor-management committee controlling an apprenticeship or other 264 training or retraining program to admit or employ an individual in the program on the basis of 265 religion, sex, pregnancy, childbirth, or pregnancy-related conditions, age, national origin, 266 disability, sexual orientation, or gender identity in those certain instances when religion, sex, 267 pregnancy, childbirth, or pregnancy-related conditions, age, if the individual is 40 years of age 268 or older, national origin, disability, sexual orientation, or gender identity is a bona fide 269 occupational qualification reasonably necessary to the normal operation of that particular 270 business or enterprise; 271 (ii) for a school, college, university, or other educational institution to hire and employ 272 an employee of a particular religion if: 273 (A) the school, college, university, or other educational institution is, in whole or in 274 substantial part, owned, supported, controlled, or managed by a particular religious corporation, 275 association, or society; or H.B. 111 01-02-24 2:25 PM - 10 - 276 (B) the curriculum of the school, college, university, or other educational institution is 277 directed toward the propagation of a particular religion; 278 (iii) for an employer to give preference in employment to: 279 (A) the employer's: 280 (I) spouse; 281 (II) child; or 282 (III) son-in-law or daughter-in-law; 283 (B) a person for whom the employer is or would be liable to furnish financial support if 284 the person were unemployed; 285 (C) a person to whom the employer during the preceding six months furnishes more 286 than one-half of total financial support regardless of whether or not the employer was or is 287 legally obligated to furnish support; or 288 (D) a person whose education or training is substantially financed by the employer for 289 a period of two years or more. 290 (b) Nothing in this chapter applies to a business or enterprise on or near an Indian 291 reservation with respect to a publicly announced employment practice of the business or 292 enterprise under which preferential treatment is given to an individual because that individual 293 is a native American Indian living on or near an Indian reservation. 294 (c) Nothing in this chapter may be interpreted to require an employer, employment 295 agency, labor organization, vocational school, joint labor-management committee, or 296 apprenticeship program subject to this chapter to grant preferential treatment to an individual or 297 to a group because of the race, color, religion, sex, age, national origin, disability, sexual 298 orientation, or gender identity of the individual or group on account of an imbalance that may 299 exist with respect to the total number or percentage of persons of a race, color, religion, sex, 300 age, national origin, disability, sexual orientation, or gender identity employed by an employer, 301 referred or classified for employment by an employment agency or labor organization, admitted 302 to membership or classified by a labor organization, or admitted to or employed in, any 303 apprenticeship or other training program, in comparison with the total number or percentage of 304 persons of that race, color, religion, sex, age, national origin, disability, sexual orientation, or 305 gender identity in any community or county or in the available work force in any community or 306 county. 01-02-24 2:25 PM H.B. 111 - 11 - 307 (4) It is not a discriminatory or prohibited practice with respect to age to observe the 308 terms of a bona fide seniority system or any bona fide employment benefit plan such as a 309 retirement, pension, or insurance plan that is not a subterfuge to evade the purposes of this 310 chapter, except that an employee benefit plan may not excuse the failure to hire an individual. 311 (5) Notwithstanding Subsection (4), or another statute to the contrary, a person may not 312 be subject to involuntary termination or retirement from employment on the basis of age alone, 313 if the individual is 40 years of age or older, except: 314 (a) under Subsection (6); and 315 (b) when age is a bona fide occupational qualification. 316 (6) Nothing in this section prohibits compulsory retirement of an employee who has 317 attained at least 65 years of age, and who, for the two-year period immediately before 318 retirement, is employed in a bona fide executive or a high policymaking position, if: 319 (a) that employee is entitled to an immediate nonforfeitable annual retirement benefit 320 from the employee's employer's pension, profit-sharing, savings, or deferred compensation 321 plan, or any combination of those plans; and 322 (b) the benefit described in Subsection (6)(a) equals, in the aggregate, at least $44,000. 323 (7) (a) For purposes of Subsection (1)(g), an employer may require an employee to 324 provide a certification from the employee's health care provider concerning the medical 325 advisability of a reasonable accommodation. 326 (b) A certification under Subsection (7)(a) shall include: 327 (i) the date the reasonable accommodation becomes medically advisable; 328 (ii) the probable duration of the reasonable accommodation; and 329 (iii) an explanatory statement as to the medical advisability of the reasonable 330 accommodation. 331 (c) Notwithstanding Subsections (1)(g) and (7)(a), an employer may not require an 332 employee to obtain a certification from the employee's health care provider for more frequent 333 restroom, food, or water breaks. 334 (d) An employer is not required under Subsection (1)(g) or this Subsection (7) to 335 permit an employee to have the employee's child at the workplace for purposes of 336 accommodating pregnancy, childbirth, breastfeeding, or related conditions. 337 (e) An employer shall include in an employee handbook, or post in a conspicuous place H.B. 111 01-02-24 2:25 PM - 12 - 338 in the employer's place of business, written notice concerning an employee's rights to 339 reasonable accommodations for pregnancy, childbirth, breastfeeding, or related conditions. 340 Section 2. Effective date. 341 This bill takes effect on July 1, 2024.