Utah Code 61-1-104. Reporter protected from adverse action — Exceptions
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(1) An employer may not take adverse action against an employee who is a reporter because of a lawful act of the employee, or a person authorized to act on behalf of the employee, to:
Terms Used In Utah Code 61-1-104
- Adverse action: means to:(1)(a) discharge, threaten, or directly or indirectly harass an employee; or(1)(b) otherwise discriminate against an employee in any manner that affects the employee's employment, including:(1)(b)(i) compensation;(1)(b)(ii) terms;(1)(b)(iii) conditions;(1)(b)(iv) location;(1)(b)(v) rights;(1)(b)(vi) immunities;(1)(b)(vii) promotions; or(1)(b)(viii) privileges. See Utah Code 61-1-102
- Commission: means the Securities Commission created in Section Utah Code 61-1-13
- Division: means the Division of Securities established by Section 61-1-18. See Utah Code 61-1-13
- Employee: means an individual who performs a service for wages or other remuneration under a contract of hire, written or oral, express or implied. See Utah Code 61-1-102
- Original information: means information that is:
(5)(a) derived from the independent knowledge or analysis of an individual;(5)(b) not known to the division or commission from a source other than the individual; and(5)(c) unless the individual is the source of the information, not exclusively derived from:(5)(c)(i) an allegation made in a judicial or administrative hearing;(5)(c)(ii) a government report, hearing, audit, or investigation; or(5)(c)(iii) the media. See Utah Code 61-1-102- Person: means :
(1)(x)(i) an individual;(1)(x)(ii) a corporation;(1)(x)(iii) a partnership;(1)(x)(iv) a limited liability company;(1)(x)(v) an association;(1)(x)(vi) a joint-stock company;(1)(x)(vii) a joint venture;(1)(x)(viii) a trust where the interests of the beneficiaries are evidenced by a security;(1)(x)(ix) an unincorporated organization;(1)(x)(x) a government; or(1)(x)(xi) a political subdivision of a government. See Utah Code 61-1-13- Writing: includes :
(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5(1)(a) provide original information to the division or commission in accordance with Section61-1-103 ;(1)(b) initiate, testify in, or assist in any investigation, judicial action, or administrative action based on or related to original information provided to the division or commission;(1)(c) disclose information required or protected under:(1)(c)(i) Sarbanes-Oxley Act of 2002, 15 U.S.C. § 7201 et seq.;(1)(c)(ii) Securities Exchange Act of 1934, 15 U.S.C. § 78a et seq.;(1)(c)(iii) 18 U.S.C. § 1513(e);(1)(c)(iv) a regulation issued by the Securities Exchange Commission; or(1)(c)(v) this chapter or a rule made under this chapter.(2) Notwithstanding Subsection(1) , an employee is not protected under this section if:(2)(a) the employee knowingly or recklessly makes a false, fictitious, or fraudulent statement or misrepresentation;(2)(b) the employee uses a false writing or document knowing that, or with reckless disregard as to whether, the writing or document contains false, fictitious, or fraudulent information;(2)(c) the employee knows that, or has a reckless disregard as to whether, the disclosure is of original information that is false or frivolous; or(2)(d) the employee is protected from adverse action as described in Section 21F of the Securities Exchange Act, 15 U.S.C. § 78u-6, and regulations issued under that section.