Utah Code 34-28-19. Retaliation prohibited — Administrative process — Enforcement — Rulemaking
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(1)
Terms Used In Utah Code 34-28-19
- Adjudicative proceeding: means :(2)(a) an action by a board, commission, department, officer, or other administrative unit of the state that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including an action to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and(2)(b) judicial review of an action described in Subsection (2)(a). See Utah Code 68-3-12.5
- Commission: means the Labor Commission. See Utah Code 34-28-2
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Division: means the Division of Antidiscrimination and Labor. See Utah Code 34-28-2
- Employer: means the same as that term is defined in Utah Code 34-28-2
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Testify: Answer questions in court.
- Testify: means to make an oral statement under oath or affirmation. See Utah Code 68-3-12.5
- Wages: means the amounts due the employee for labor or services, whether the amount is fixed or ascertained on a time, task, piece, commission basis or other method of calculating such amount. See Utah Code 34-28-2
(1)(a) An employer violates this chapter if the employer takes an action described in Subsection (1)(b) against an employee because:(1)(a)(i) the employee files a complaint or testifies in a proceeding relative to the enforcement of this chapter;(1)(a)(ii) the employee is going to file a complaint or testify in a proceeding relative to the enforcement of this chapter; or(1)(a)(iii) the employer believes that the employee may file a complaint or testify in any proceeding relative to the enforcement of this chapter.(1)(b) Subsection (1)(a) applies to the following actions of an employer:(1)(b)(i) the discharge of an employee;(1)(b)(ii) the demotion of an employee; or(1)(b)(iii) any other form of retaliation against an employee in the terms, privileges, or conditions of employment.
(2)
(2)(a) An employee claiming to be aggrieved by an action of the employer in violation of Subsection (1) may file with the division a request for agency action.
(2)(b) On receipt of a request for agency action under Subsection (2)(a), the division:
(2)(b)(i) shall conduct an adjudicative proceeding pursuant to Title 63G, Chapter 4, Administrative Procedures Act; and
(2)(b)(ii) may attempt to reach a settlement between the parties through a settlement conference.
(3) If the division determines that a violation has occurred, the division may require the employer to:
(3)(a) cease and desist any retaliatory action;
(3)(b) compensate the employee, which compensation may not exceed reimbursement for, and payment of, lost wages and benefits to the employee; or
(3)(c) do both Subsections (3)(a) and (b).
(4) The division may enforce this section in accordance with Subsections 34-28-9(4) and (5).
(5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission shall adopt rules, as required, to implement this section.