Overview: Utah Governor Gary Herbert signed legislation (Senate Bill 59) that requires employers with 15 or more employees to provide reasonable accommodations for pregnancy, childbirth, breastfeeding, and related conditions.
Effective Date: Currently in effect.
Coverage: Utah employers with 15 or more employees.
Action Required: Employers should:
- In addition to other accommodation obligations, consider employee requests for accommodation related to their pregnancy, childbirth, breastfeeding, and related conditions; and
- Ensure that supervisors are prepared to receive such requests for accommodation and promptly report them to the appropriate employer designated official.
The Details
The Utah Antidiscrimination Act (“Act”) prohibits employers with 15 or more employees from discriminating against individuals on the basis of:
- Race
- Color
- Sex
- Pregnancy
- Childbirth
- Pregnancy-related conditions
- Age (if the individual is 40 years of age or older)
- Religion
- National origin
- Disability
- Sexual orientation
- Gender identity
Senate Bill 59 amends the Act by adding new accommodation requirements. In addition to prohibiting discrimination or disparate treatment on the basis of pregnancy, childbirth, and pregnancy-related conditions, employers may not refuse to provide reasonable accommodations to an employee who requests an accommodation for any one of these reasons; unless the employer demonstrates that the accommodation would create an undue hardship on its operations. An undue hardship is an action that requires significant difficulty or expense when considered in relation to factors such as the size of the entity, the entity's financial resources, and the nature and structure of the entity's operation.
Absent a showing of undue hardship, the law also prohibits employers from (1) “requir[ing] an employee to terminate employment if another reasonable accommodation can be provided for the employee’s pregnancy, childbirth, breastfeeding, or related conditions” or (2) “deny[ing] employment opportunities to an employee, if the denial is based on the need of the employer to make reasonable accommodations related to the pregnancy, childbirth, breastfeeding, or related conditions.” An employer is not required to permit an employee to have his or her child at the workplace as an accommodation.
Certification
Employers may require health care provider certification of the employee’s need for a reasonable accommodation. The certification should include the date the reasonable accommodation became medically advisable; the probable duration; and a statement explaining the medical advisability of the reasonable accommodation. A certification may not be required for what most employers would deem relatively minor accommodations such as frequent restroom, food, or water breaks.
Written Notice Required
Covered employers must inform employees of their rights under the law, either by including a notice in an employee handbook or posting a notice in a conspicuous location in the workplace.
As always, please contact your Human Resources Business Partner if you have any questions.
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