Chapter 26.08
EMPLOYMENT DISCRIMINATION
Sections:
26.08.010 Unlawful employment practices.
26.08.020 Exemptions.
26.08.030 Unlawful intimidation, retaliation, and coercion.
26.08.040 Procedures for filing complaints.
26.08.010 Unlawful employment practices.
A. Employers. An employer may not refuse to hire, promote, discharge, demote, or terminate any person, and may not retaliate against, harass, or discriminate in matters of compensation or in terms, privileges, and conditions of employment against any person otherwise qualified because of a person’s sexual orientation or gender identity.
B. Employment Agencies. An employment agency may not refuse to list and properly classify for employment, or refuse to refer a person for employment, in a known available job for which the person is otherwise qualified because of a person’s sexual orientation or gender identity.
C. Labor Organizations. A labor organization may not exclude any person otherwise qualified from full membership rights in the labor organization, expel the person from membership in the labor organization, or otherwise discriminate against or harass any of the labor organization’s members in full employment of work opportunity, or representation, because of a person’s sexual orientation or gender identity.
D. Training Programs. An employer, labor organization, joint apprenticeship committee, or vocational school, providing, coordinating, or controlling apprenticeship programs, or providing, coordinating, or controlling on-the-job training programs, instruction, training, or retraining programs may not deny to, or withhold from, any qualified person, the right to be admitted to, or participate in any apprenticeship training program, on-the-job training program, or other occupational instruction, training or retraining program because of a person’s sexual orientation or gender identity.
E. Notices and Advertisements. Unless based upon a bona fide occupational qualification, or required by and given to an agency of government for security reasons, an employer, employment agency, or labor organization may not print, or circulate, or cause to be printed or circulated, any statement, advertisement, or publication, use any form of application for employment or membership, or make any inquiry in connection with prospective employment or membership that expresses, either directly or indirectly, any limitation, specification, or discrimination because of a person’s sexual orientation or gender identity.
F. It is unlawful for a joint labor-management committee controlling apprenticeship or other training or retraining (including on-the-job training programs) to print or publish, or cause to be printed or published, any notice or advertisement relating to admission to, or employment in, any program established to provide apprenticeship or other training by the joint labor-management committee that indicates any preference, limitation, specification, or discrimination based on sexual orientation or gender identity.
G. Nothing in this chapter prohibits a notice or advertisement from indicating a preference, limitation, specification, or discrimination based on sexual orientation or gender identity when sexual orientation or gender identity is a bona fide occupational qualification for employment.
H. No Preferential Treatment. Nothing in this chapter shall be interpreted to require any employer, employment agency, labor organization, vocational school, joint labor-management committee, or apprenticeship program subject to this chapter to grant preferential treatment to any person because of the person’s sexual orientation or gender identity on account of an imbalance which may exist with respect to the total number or percentage of persons of any sexual orientation or gender identity employed by any employer, referred or classified for employment by an employment agency or labor organization, admitted to membership or classified by any labor organization, or admitted to or employed in, any apprenticeship or other training program in comparison with the total number or percentage of persons of that sexual orientation or gender identity available in the city’s available work force. (Ord. 2011-02 § 2 (part))
26.08.020 Exemptions.
This chapter does not apply to:
A. A religious organization;
B. An expressive association whose employment of a person protected by this chapter would significantly burden the association’s rights of expressive association under Boy Scouts of America v. Dale, 530 U.S. 640 (2000); or
C. The United States government, any of its departments or agencies, or any corporation wholly owned by it; or the state of Utah or any of its departments, agencies, or political subdivisions except for the city. (Ord. 2011-02 § 2 (part))
26.08.030 Unlawful intimidation, retaliation, and coercion.
It is unlawful for any person to discriminate against, harass, threaten, harm, damage, or otherwise penalize another person for opposing an unlawful practice, for filing a complaint, or for testifying, assisting, or participating in any manner in an investigation, proceeding, or hearing under this chapter. (Ord. 2011-02 § 2 (part))
26.08.040 Procedures for filing complaints.
Any person who claims to have been injured by an unlawful employment practice subject to the city’s jurisdiction under this chapter may file a complaint in accordance with the provisions of Chapter 26.16. (Ord. 2011-02 § 2 (part))