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Your Rights Filing a Discrimination Claim - Utah
Utah Disability Law Center says housing discrimination an issue in main content

Your Rights Filing a Discrimination Claim - Utah

Employment discrimination is the practice of unfairly treating a person or group of people differently from other people or groups of other people at work, because of their membership in a legally protected category such as race, sex, age, or religion. Each state has passed laws and rules to protect your workplace rights: this page covers Utah employment discrimination. The purpose of the Utah Antidiscrimination Act is to protect workers in Utah from unlawful discrimination in employment. Read below to learn more about Utah employment law and how the law protects you.

1. What kinds of discrimination are against state law in Utah?

The Utah Antidiscrimination Act makes it illegal for an employer to discriminate on the basis of race, color, national origin, gender, religion, age (40+), sexual orientation, gender identity, pregnancy, childbirth, pregnancy-related conditions and disability. Utah's law also prohibits employment discrimination on the basis of pregnancy, childbirth, or pregnancy-related conditions.

2. How do I file a discrimination claim in Utah?

A discrimination claim can be filed either with the state administrative agency, the Utah Antidiscrimination and Labor Division (UALD) of the Utah Labor Commissioner's Office or the federal administrative agency, the Equal Employment Opportunity Commission (EEOC). The two agencies have what is called a “work-sharing agreement, ” which means that the agencies cooperate with each other to process claims. Filing a claim with both agencies is unnecessary, as long as you indicate to one of the agencies that you want it to “cross-file” the claim with the other agency.

Your employer must have at least 15 employees – less for certain cases of National Origin, Citizenship Discrimination or Equal Pay. The Utah anti-discrimination statute covers some smaller employers not covered by federal law for age discrimination claims only. Therefore, if your workplace has between 15 and 20 employees, you should file your age discrimination claim with the UALD, as the EEOC enforces federal law, which covers only employers with 20 or more employees in age discrimination cases, and 15 or more employees in other types of discrimination cases. Some attorneys recommend that you file with the UALD first for all types of discrimination claims.

To file a claim with the UALD, contact its office. More information about filing a claim with the UALD can be found at the UALD website.

Utah Antidiscrimination and Labor Division

Street Address
160 East 300 South, 3rd Floor
Salt Lake City, UT 84111

Mailing Address
P.O. Box 146630
Salt Lake City, UT
Phone: (801) 530-6801
Toll Free: (800) 222-1238
TDD: (801) 530-7685
Fax: (801) 530-7609

To file a claim with the EEOC, contact your EEOC office below. More information about filing a claim with the EEOC can be found at the EEOC Filing a Charge page.

EEOC's Phoenix District Office 3300 N. Central Avenue Suite 690 Phoenix, AZ Phone: (602) 640-5000 TTY: (602) 640-5072

EEOC has launched an online service that enables individuals who have filed a discrimination charge to check the status of their charge online. This service provides a portal to upload and receive documents and communicate with the EEOC, allowing for a faster transmitting period. Those who have filed a charge can access information about their charge at their convenience, and allow entities that have been charged to receive the same information on the status of the charge. All of the EEOC offices now use the Digital Charge System. If you file on or after September 2, 2016, the Online Charge Status System is available for use. The system is not available for charges filed prior to this date or for charges filed with EEOC's state and local Fair Employment Practices Agencies. The system can be accessed at the EEOC website. If you do not have internet or need language assistance, you may call the toll-free number at 1-800-669-4000. For additional help, you may also call the toll free number to retrieve the same information provided in the Online Charge Status System.

3. What are my time deadlines?

Do not delay in contacting the UALD or EEOC to file a claim. There are strict time limits in which charges of employment discrimination must be filed. To preserve your claim, you must file with the UALD (or cross-file with the EEOC) within 180 days or the EEOC (or cross-file with the state agency) within 300 days of the date you believe you were discriminated against. However, as you might have other legal claims with shorter deadlines, do not wait to file your claim until your time limit is close to expiring. You may wish to consult with an attorney prior to filing your claim, if possible. Yet if you are unable to find an attorney who will assist you, it is not necessary to have an attorney to file your discrimination claim with the state and federal administrative agencies.

4. What happens after I file a charge with the EEOC?

When your charge is filed, the EEOC will give you a copy of your charge with your charge number. Within 10 days, the EEOC will also send a notice and a copy of the charge to the employer. At that point, the EEOC may decide to do one of the following:

  • Ask both you and the employer to take part in a mediation program
  • Ask the employer to provide a written answer to your charge and answer questions related to your claim, then your charge will be given to an investigator
  • Dismiss the claim if your charge was not filed in time or if the EEOC does not have jurisdiction

If the EEOC decides to investigate your charge, the EEOC may interview witnesses and gather documents. Once the investigation is complete, they will let you and the employer know the result. If they decides that discrimination did not occur then they will send you a “Notice of Right to Sue.” This notice gives you permission to file a lawsuit in a court of law. If the EEOC determines that discrimination occurred then they will try to reach a voluntary settlement with the employer. If a settlement cannot reached, your case will be referred to the EEOC’s legal staff (or the Department of Justice in certain cases), who will decide whether or not the agency should file a lawsuit. If the EEOC decides not to file a lawsuit then they will give you a “Notice of Right to Sue.” `

Source: www.workplacefairness.org

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