Utah Legislature Passes Landmark Anti-discrimination Bill Providing Protections For Sexual Orientation and Gender Identity

On March 12, 2015 the Utah Legislature passed a landmark discrimination bill extending protections in Utah's Antidiscrimination Act of 1965 to sexual orientation and gender identity.  The bill has been recognized across the United States as a progressive step toward balancing the competing interests of the LGBT community with religious expression.  

The bill amends the Utah Antidiscrimination Act of 1965 and Utah's Fair Housing Act to provide protections to the LGBT community.  While the bill sidestepped the issue of whether private business owners, based on truly held religious beliefs, may refuse services to to homosexuals, it provides clear protections for employees against discrimination on the basis of sexual orientation or gender identity.

The bill modified Utah Code Ann. Section 34A-5-106 to prohibit discrimination in the terms, privileges and conditions of employment, or the hiring, promotion, demotion or termination of an employee because of the employee's gender identity or sexual orientation. Sexual orientation is defined to mean "an individual's actual or perceived orientation as heterosexual, homosexual or bisexual.  Gender identity is tied to the DSM 5 and can be established through medical history, or other evidence that gender identity is "sincerely held", part of a person's core identity and not being asserted for an improper purpose.

The bill provides protections to employees who express religious or moral beliefs and commitments in the workplace in "a reasonable, non-disruptive, and non-harassing way" on "equal terms with similar types of expression of beliefs or commitments allowed by the employer in the workplace." It further prohibits employers from taking adverse action against an employee for "lawful expression or expressive activity outside of the workplace regarding the person's religious, political or personal convictions" concerning marriage, family or sexuality, unless such expression directly conflicts with the essential business related interests of the employer. It further exempts religious leaders and religious organizations from these protections, as well as the Boy Scouts of America.

In addition, the bill provides the same protections under Utah's Fair Housing Act, Utah Code Ann Section 57-21-6, extending protections to discriminatory housing practices to include sexual orientation and gender identity.

For additional information concerning the new protections afforded to employees and residents on the basis of sexual orientation and gender identity, as well as the exceptions to such protections, and express protections for religious freedoms, please call (801) 758 7604, or contact us online at utahtriallawyers.net.