Darvish v. Labor Commission Appeals Board
2012 UT App 68
| Utah Ct. App. | 2012Background
- Darvish is Iranian-born, Muslim, with a master's in Occupational and Industrial Hygiene and licensed Environmental Health Specialist.
- She returned to Salt Lake County as a health inspector in 2004 on probation; capable of termination for cause is disputed, but county policy allowed probation termination without cause.
- Darvish faced escalating disciplinary actions after a coworker made a derogatory remark about Persians; she sought workplace reassignment and education for the coworker.
- Peterson and Larson issued a verbal warning then corrective action plan; Darvish claimed retaliation for requesting a team transfer.
- Darvish was terminated in May 2004; the Board initially affirmed retaliation but later reconsideration led to dismissal of her retaliation claim.
- The Board ultimately held that a single coworker remark could not constitute prohibited discrimination and reversed to dismiss the retaliation claim under the Utah Antidiscrimination Act.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Board reconsideration jurisdiction validity | Board lacked jurisdiction to grant reconsideration after deemed denial. | Board extended reconsideration period and retained jurisdiction to rule. | Board's reconsideration order was valid; jurisdiction preserved. |
| Retaliation for opposing discrimination under Utah Act | County retaliated for opposing discrimination or participating in proceedings under the Act. | Isolated coworker remark does not constitute protected discrimination; retaliation not proven. | Board correctly concluded no reasonable belief of prohibited discrimination; retaliation not established. |
| Participation-based retaliation preserved for review | Darvish preserved a claim that she participated in proceedings as protected activity. | Participation claim was not preserved in the agency proceeding. | Participation claim waived for review. |
Key Cases Cited
- Clark County School District v. Breeden, 532 U.S. 268 (U.S. 2001) (clarifies 'reasonable belief' standard for retaliation claims)
- Faragher v. Boca Raton, 524 U.S. 775 (U.S. 1998) (limits harassment to actions that alter employment conditions)
- Burlington Northern & Santa Fe Ry. Co. v. White, 548 U.S. 53 (U.S. 2006) (retaliation enforcement involves protecting reporting employees)
- Viktron/Lika v. Labor Comm'n, 2001 UT App 394, 38 P.3d 993 (Utah App. 2001) (Utah antidiscrimination retaliation standard via federal analogy)
- Esquivel v. Labor Comm'n, 2000 UT 66, 7 P.3d 777 (Utah 2000) (review of agency decisions and preservation issues)