1. (1) As used in this section:

   1. (a) "Executive agency director" means the executive agency director of an executive department agency who, at the direction of the governor, carries out state business.
   2. (b) "Governmental employer" means the same as that term is defined in Section 67-27-107.
   3. (c) "Personal identity characteristic" means the same as that term is defined in Section 53H-1-504.
   4. (d) "Prohibited discriminatory practice" means the same as that term is defined in Section 53H-1-504.

2. (2)

   1. (a) This section does not apply to a federal grant or program that would otherwise require a governmental employer to engage in a prohibited discriminatory practice if the grant or program has been reviewed and approved by the governmental employer's executive director, legislative body, or governing body, as that term is defined in Section 10-1-104.
   2. (b) A governmental employer's executive director, legislative body, or governing body shall report the reviewed and approved federal grant or program under Subsection (2)(a) to the Executive Appropriations Committee.
3. (3) A governmental employer may not engage in a prohibited discriminatory practice.

4. (4) Nothing in this section limits or prohibits a governmental employer from:

   1. (a) as required or permitted by state law:

      1. (i) establishing or maintaining an office, division, or employment position to implement, develop, plan, or promote practices relating to a personal identity characteristic if the office, division, or employment position is not engaging in a prohibited discriminatory practice; or
      2. (ii) employing or assigning an employee or a third-party whose duties include coordinating, creating, developing, designing, implementing, organizing, planning, or promoting policies, programming, training, practices, activities, and procedures relating to a personal identity characteristic if the employee or the third-party is not engaging in a prohibited discriminatory practice;
   2. (b) establishing policies that are necessary to comply with state or federal law, including laws relating to prohibited discrimination or harassment; or
   3. (c) establishing policies that are necessary to comply with state law enacted on or before July 1, 2024.
5. (5) Each executive agency director shall report on the compliance of agency programs and offices under this section to the Legislative Management Committee upon request.

Amended by Chapter 438, 2026 General Session