Utah Code 67-27-109. Prohibited discriminatory practices — Restrictions — Reporting
Current as of: 2024 | Check for updates
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(1) As used in this section:
Terms Used In Utah Code 67-27-109
- 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
(1)(a) “Executive agency director” means the executive agency director of an executive department agency who, at the direction of the governor, carries out state business.
(1)(b) “Governmental employer” means the same as that term is defined in Section 67-27-107 .
(1)(c) “Personal identity characteristics” means the same as that term is defined in Section 53B-1-118 .
(1)(d) “Prohibited discriminatory practice” means the same as that term is defined in Section 53B-1-118 .
(2)
(2)(a) This section does not apply to a federal grant or program that would otherwise require a governmental employer to engage in a prohibited discriminatory practice if the grant or program has been reviewed and approved by the governmental employer’s executive director, legislative body, or governing body, as that term is defined in Section 10-1-104 .
(2)(b) A governmental employer’s executive director, legislative body, or governing body shall report the reviewed and approved federal grant or program under Subsection (2)(a) to the Executive Appropriations Committee.
(3) A governmental employer may not engage in prohibited discriminatory practices.
(4) Nothing in this section limits or prohibits a governmental employer from:
(4)(a) as required or permitted by state law:
(4)(a)(i) establishing or maintaining an office, division, or employment position to implement, develop, plan, or promote practices relating to personal identity characteristics if the office, division, or employment position is not engaging in prohibited discriminatory practices; or
(4)(a)(ii) employing or assigning an employee or a third-party whose duties for governmental employer include coordinating, creating, developing, designing, implementing, organizing, planning, or promoting policies, programming, training, practices, activities, and procedures relating to personal identity characteristics if the employee or the third-party is not engaging in prohibited discriminatory practices;
(4)(b) establishing policies that are necessary to comply with state or federal law, including laws relating to prohibited discrimination or harassment; or
(4)(c) establishing policies that are necessary to comply with state law enacted on or before July 1, 2024.
(5)
(5)(a) Beginning on July 1, 2024, each executive agency director shall conduct a thorough review of existing agency programs and offices to determine if the program or office is in compliance with Subsection (3).
(5)(b) On or before August 1, 2025, each executive agency director shall report on the compliance of agency programs and offices under Subsection (5)(a) to the governor.
(5)(c) The governor shall provide the reports under Subsection (5)(b) to:
(5)(c)(i) the Government Operations Interim Committee at or before the November 2025, interim committee meeting; and
(5)(c)(ii) the Legislative Management Committee upon request.