The Utah Business and Employment Lawyer

In a decision written by Justice Breyer the United States Supreme Court in Young v. United Parcel Service, Inc. reaffirmed protections for pregnant workers under the Pregnancy Discrimination Act.  In its decision, the Court held that a pregnant worker may show disparate treatment by showing that she sought an accommodation, that the employer failed to accommodate her, but that the employer accommodated other non-pregnant employees who were "similar in their ability or inability to work." The Court further held that an employee can create a triable jury issue by providing evidence that the employer's policies prohibiting accommodation for pregnant workers impose a significant burden, and that the employer's reason for the policy are not sufficiently strong to justify the burden, but instead give rise to an inference of intentional discrimination. Peggy Young, the appellant, worked for UPS as a delivery driver.  She requested a leave of absence in order to undergo...

Employees and employers are often confronted with claims of age discrimination in the workplace. Most studies indicate that age discrimination is a real presence in today's workforce. This form of employment discrimination is illegal under a number of different circumstances and in different settings. Unfortunately, age discrimination can be uniquely difficult to prove. Thankfully, there are a number of ways in which you can aid your attorney in helping to back up your claim with solid evidence. If you hope to prove that you are being discriminated against because of your age at work, it is imperative that you let your attorney know if any of the following scenarios have occurred in regards to your situation. 1) statements made to you or directed at you that include age-based comments, or that can be inferred as being age-based; 2) evidence that you were treated differently than those younger than you with respect to the terms, conditions and privileges of employment; 3) evidence t...

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 ...