Bill Summary – FastDemocracy

02-22-24 5:09 PM                                                  2nd Sub. (Gray) H.B. 460
  entity against an employee:
         (i) a dismissal;
         (ii) a reduction of compensation;
         (iii) a failure to increase compensation by an amount that the employee is otherwise
  entitled to or was promised;
         (iv) a failure to promote if the employee would otherwise be promoted; or
         (v) a threat to take an action described in Subsections (1)(e)(i) through (iv).
         (f) "Task" means a specific job, duty, or function.
         (g) "Undue hardship" means º , given the overall context of the governmental entity's
65a business or operations:
65b          (i) » a substantial increase in costs to a governmental entity's
  budget, º that would result from an employee being relieved from performing a certain
66a task; » or
66b   º (ii) » a substantial disruption of a governmental entity's operations, that would result from
  an employee being relieved from performing a certain task.
         (2) (a) Except as provided in Subsection (2)(b), a governmental entity may not deny an
  employee's º reasonable » request to be relieved from performing a certain task if:
         (i) performing the task would conflict with the employee's sincerely held religious
  beliefs or conscience;
         (ii) the employee's asserted religious beliefs or conscience described in Subsection
  (2)(a)(i) is not asserted for an improper purpose;
         (iii) the employee has complied with the requirements of Subsection (3); and
         (iv) relieving the employee from the task would not impose an undue hardship on the
  governmental entity.
         (b) A governmental entity is not required to grant an employee's request under
  Subsection (2)(a) if:
         (i) the request is to be relieved from performing a task that is part of training or safety
  instructions directly related to the employee's employment;
         (ii) granting the request would result in a deficit in the amount of work for which the
  employee is compensated;
         (iii) granting the request would create a conflict with an existing legal obligation and
  the governmental entity cannot avoid the conflict if the governmental entity grants the
  employee's request under Subsection (3); or
         (iv) the employee is a first responder and the request by the employee under Subsection
  (2)(a) is to be relieved from performing a task that involves protecting the safety of the public.
                                                      -3-          House Committee Amendments 2-23-2024 ho/sl
         2nd Sub. (Gray) H.B. 460                                                  02-22-24 5:09 PM
  from the specific task if the task is still to be performed; or
          (B) ordering the governmental entity to reinstate or rehire the employee if the employee
  resigned, was demoted, or was terminated as a direct result of the governmental entity's
  violation of Subsection (2); and
          (ii) awarding the employee back pay, reasonable attorney fees, and court costs.
          (7) (a) Unless required by another provision of the Utah Code and subject to
  Subsections (7)(b) and (c), a governmental entity may not make public comments about an
  employee's request to be relieved from performing a certain task or about the dispute between
  the governmental entity and employee after:
          (i) the employee has submitted the employee's request described in Subsection (3) and
  the employee has not yet brought the employee's right of action in court and before the time for
  the employee to bring a right of action has expired under Subsection (6);
          (ii) the employee has brought a right of action in court under Subsection (6) º and
162a during the pendency of court proceedings related to the asserted right of action » ; or
          (iii) the employee successfully establishes the employee's right of action under
  Subsection (6).
          (b) A governmental entity that receives request under Subsection (3) may only publicly
  comment that the governmental entity does not comment on an ongoing personnel matter.
          (c) A court shall impose a fine on a governmental entity of at least $5,000 for each
  violation of Subsection (7)(a).
          (8) A governmental entity may not take retaliatory action against an employee for
  submitting a request under Subsection (3).
          (9) Nothing in this section:
          (a) limits the employee's right to bring any other claim the employee may have against
  the governmental entity; or
          (b) prevents a governmental entity from implementing a policy required by state or
  federal law.
          Section 2. Effective date.
          This bill takes effect on May 1, 2024.
                                                         -6-        House Committee Amendments 2-23-2024 ho/sl
Statutes affected: 
Introduced: 63G-2-302
Amended: 63G-2-302
Enrolled: 63G-2-302
H.B. 460 3rd Substitute (Not Adopted) Text: 63G-2-302