- (1) Employment actions including appointment, tenure or term, condition, or privilege of employment shall be based on the ability to perform the essential duties, functions, and responsibilities assigned to a particular position.
- (2) Employment actions may not be based on race, religion, national origin, color, sex, age, disability, pregnancy, sexual orientation, gender identity, or protected activity under the antidiscrimination statutes, political affiliation, military status or affiliation, or any other non-job related factor, except under Subsection 63A-17-301(2)(b)(ii).
(3) An employee who alleges unlawful discrimination may:
- (a) follow the procedures in Section R477-15-3; or
- (b) file a charge with the Utah Labor Commission Antidiscrimination and Labor Division within 180 days of the alleged harm, or directly with the Equal Employment Opportunity Commission within 300 days of the alleged harm.
- (4) A state official may not impede any employee from timely filing a discrimination complaint in accordance with state or federal requirements.
State personnel actions shall provide equal employment opportunity for individuals.
KEY: administrative responsibility, confidentiality of information, fair employment practices, public information
Date of Last Change: July 1, 2025
Notice of Continuation: March 9, 2022
Authorizing, and Implemented or Interpreted Law: 52-3-1; 63G-2; 63G-5-201; 63G-7; 63A-17-106; 63A-17-306; 63A-17-307