Bill Summary – FastDemocracy

LEGISLATIVE GENERAL COUNSEL                                                H.B. 111
       6 Approved for Filing: A. Weenig 6
           6 01-02-24 2:25 PM 6
             EMPLOYMENT TRAINING REQUIREMENT LIMITATIONS
                                       2024 GENERAL SESSION
                                           STATE OF UTAH
                                  Chief Sponsor: Tim Jimenez
                                 Senate Sponsor: Daniel McCay
  6
 LONG TITLE
 General Description:
        This bill prohibits, for purposes of employment discrimination, certain training or other
 requirements that compel or require     º a written document or attestation professing an »
10a adherence to or belief in certain concepts.
 Highlighted Provisions:
        This bill:
        < prohibits, for purposes of employment discrimination, training or other
 requirements that compel or require     º a written document or attestation professing an »
14a adherence to or belief in certain concepts;
        <    º[         clarifies that the prohibition does not prohibit certain objective discussions;]
15a clarifies that training can occur on specified concepts but cannot require attestation professing
15b an adherance to or belief in specified concepts; »
        < provides for severability; and
        < makes technical and conforming changes.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        This bill provides a special effective date.
 Utah Code Sections Affected:
                                                                                                                H.B. 111
 AMENDS:
        34A-5-106, as last amended by Laws of Utah 2016, Chapter 330
 25
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 34A-5-106 is amended to read:
      *HB0111*
                                                      -1-                House Floor Amendments 2-1-2024 ho/tm
       H.B. 111                                                                   01-02-24 2:25 PM
         34A-5-106. Discriminatory or prohibited employment practices -- Permitted
 practices.
         (1) It is a discriminatory or prohibited employment practice to take an action described
 in Subsections (1)(a) through [(g)] (h).
         (a) (i) An employer may not refuse to hire, promote, discharge, demote, or terminate a
 person, or to retaliate against, harass, or discriminate in matters of compensation or in terms,
 privileges, and conditions of employment against a person otherwise qualified, because of:
         (A) race;
         (B) color;
         (C) sex;
         (D) pregnancy, childbirth, or pregnancy-related conditions;
         (E) age, if the individual is 40 years of age or older;
         (F) religion;
         (G) national origin;
         (H) disability;
         (I) sexual orientation; or
         (J) gender identity.
         (ii) A person may not be considered "otherwise qualified," unless that person possesses
 the following required by an employer for any particular job, job classification, or position:
         (A) education;
         (B) training;
         (C) ability, with or without reasonable accommodation;
         (D) moral character;
         (E) integrity;
         (F) disposition to work;
         (G) adherence to reasonable rules and regulations; and
         (H) other job related qualifications required by an employer.
         (iii) (A) As used in this chapter, "to discriminate in matters of compensation" means
 the payment of differing wages or salaries to employees having substantially equal experience,
 responsibilities, and skill for the particular job.
         (B) Notwithstanding Subsection (1)(a)(iii)(A):
                                                       -2-
     LEGISLATIVE GENERAL COUNSEL                                              H.B. 111
Approved for Filing: A. Weenig 6
          6 01-02-24 2:25 PM 6
        (I) nothing in this chapter prevents an increase in pay as a result of longevity with the
 employer, if the salary increase is uniformly applied and available to all employees on a
 substantially proportional basis; and
        (II) nothing in this section prohibits an employer and employee from agreeing to a rate
 of pay or work schedule designed to protect the employee from loss of Social Security payment
 or benefits if the employee is eligible for those payments.
        (b) An employment agency may not:
        (i) refuse to list and properly classify for employment, or refuse to refer an individual
 for employment, in a known available job for which the individual is otherwise qualified,
 because of:
        (A) race;
        (B) color;
        (C) sex;
        (D) pregnancy, childbirth, or pregnancy-related conditions;
        (E) religion;
        (F) national origin;
        (G) age, if the individual is 40 years of age or older;
        (H) disability;
        (I) sexual orientation; or
        (J) gender identity; or
        (ii) comply with a request from an employer for referral of an applicant for
 employment if the request indicates either directly or indirectly that the employer discriminates
 in employment on account of:
        (A) race;
        (B) color;
        (C) sex;
        (D) pregnancy, childbirth, or pregnancy-related conditions;
                                                                                                         H.B. 111
        (E) religion;
        (F) national origin;
        (G) age, if the individual is 40 years of age or older;
        (H) disability;
     *HB0111*
                                                     -3-
        H.B. 111                                                                    01-02-24 2:25 PM
        (I) sexual orientation; or
        (J) gender identity.
        (c) (i) A labor organization may not for a reason listed in Subsection (1)(c)(ii):
        (A) exclude an individual otherwise qualified from full membership rights in the labor
 organization;
        (B) expel the individual from membership in the labor organization; or
        (C) otherwise discriminate against or harass a member of the labor organization in full
 employment of work opportunity, or representation.
        (ii) A labor organization may not take an action listed in this Subsection (1)(c) because
 of:
        (A) race;
        (B) sex;
        (C) pregnancy, childbirth, or pregnancy-related conditions;
        (D) religion;
        (E) national origin;
        (F) age, if the individual is 40 years of age or older;
        (G) disability;
        (H) sexual orientation; or
        (I) gender identity.
        (d) (i) Unless based upon a bona fide occupational qualification, or required by and
 given to an agency of government for a security reason, an employer, employment agency, or
 labor organization may not do the following if the statement, advertisement, publication, form,
 or inquiry violates Subsection (1)(d)(ii):
        (A) print, circulate, or cause to be printed or circulated a statement, advertisement, or
 publication;
        (B) use a form of application for employment or membership; or
        (C) make any inquiry in connection with prospective employment or membership.
        (ii) This Subsection (1)(d) applies to a statement, advertisement, publication, form, or
 inquiry that directly expresses a limitation, specification, or discrimination as to:
        (A) race;
        (B) color;
                                                       -4-
      LEGISLATIVE GENERAL COUNSEL                                                H.B. 111
       6 Approved for Filing: A. Weenig 6
           6 01-02-24 2:25 PM 6
        (C) religion;
        (D) sex;
        (E) pregnancy, childbirth, or pregnancy-related conditions;
        (F) national origin;
        (G) age, if the individual is 40 years of age or older;
        (H) disability;
        (I) sexual orientation; or
        (J) gender identity.
        (e) A person, whether or not an employer, an employment agency, a labor organization,
 or an employee or member of an employer, employment agency, or labor organization, may
 not:
        (i) aid, incite, compel, or coerce the doing of an act defined in this section to be a
 discriminatory or prohibited employment practice;
        (ii) obstruct or prevent a person from complying with this chapter, or any order issued
 under this chapter; or
        (iii) attempt, either directly or indirectly, to commit an act prohibited in this section.
        (f) (i) An employer, labor organization, joint apprenticeship committee, or vocational
 school providing, coordinating, or controlling an apprenticeship program or providing,
 coordinating, or controlling an on-the-job-training program, instruction, training, or retraining
 program may not:
        (A) deny to, or withhold from, any qualified person the right to be admitted to or
 participate in an apprenticeship training program, on-the-job-training program, or other
 occupational instruction, training, or retraining program because of:
        (I) race;
        (II) color;
        (III) sex;
        (IV) pregnancy, childbirth, or pregnancy-related conditions;
                                                                                                          H.B. 111
        (V) religion;
        (VI) national origin;
        (VII) age, if the individual is 40 years of age or older;
        (VIII) disability;
      *HB0111*
                                                      -5-
        H.B. 111                                                                   01-02-24 2:25 PM
        (IX) sexual orientation; or
        (X) gender identity;
        (B) discriminate against or harass a qualified person in that person's pursuit of a
 program described in Subsection (1)(f)(i)(A) because of:
        (I) race;
        (II) color;
        (III) sex;
        (IV) pregnancy, childbirth, or pregnancy-related conditions;
        (V) religion;
        (VI) national origin;
        (VII) age, if the individual is 40 years of age or older;
        (VIII) disability;
        (IX) sexual orientation; or
        (X) gender identity;
        (C) discriminate against a qualified person in the terms, conditions, or privileges of a
 program described in Subsection (1)(f)(i)(A), because of:
        (I) race;
        (II) color;
        (III) sex;
        (IV) pregnancy, childbirth, or pregnancy-related conditions;
        (V) religion;
        (VI) national origin;
        (VII) age, if the individual is 40 years of age or older;
        (VIII) disability;
        (IX) sexual orientation; or
        (X) gender identity; or
        (D) except as provided in Subsection (1)(f)(ii), print, publish, or cause to be printed or
 published, a notice or advertisement relating to employment by the employer, or membership in
 or a classification or referral for employment by a labor organization, or relating to a
 classification or referral for employment by an employment agency, indicating a preference,
 limitation, specification, or discrimination based on:
                                                      -6-
      LEGISLATIVE GENERAL COUNSEL                                               H.B. 111
       6 Approved for Filing: A. Weenig 6
           6 01-02-24 2:25 PM 6
        (I) race;
        (II) color;
        (III) sex;
        (IV) pregnancy, childbirth, or pregnancy-related conditions;
        (V) religion;
        (VI) national origin;
        (VII) age, if the individual is 40 years of age or older;
        (VIII) disability;
        (IX) sexual orientation; or
        (X) gender identity.
        (ii) Notwithstanding Subsection (1)(f)(i)(D), if the following is a bona fide
 occupational qualification for employment, a notice or advertisement described in Subsection
 (1)(f)(i)(D) may indicate a preference, limitation, specification, or discrimination based on:
        (A) race;
        (B) color;
        (C) religion;
        (D) sex;
        (E) pregnancy, childbirth, or pregnancy-related conditions;
        (F) age;
        (G) national origin;
        (H) disability;
        (I) sexual orientation; or
        (J) gender identity.
        (g) Subject to Subsection (7), an employer may not:
        (i) refuse to provide reasonable accommodations for an employee related to pregnancy,
 childbirth, breastfeeding, or related conditions:
        (A) if the employee requests a reasonable accommodation; and
                                                                                                       H.B. 111
        (B) unless the employer demonstrates that the accommodation would create an undue
 hardship on the operations of the employer;
        (ii) require an employee to terminate employment if another reasonable
 accommodation can be provided for the employee's pregnancy, childbirth, breastfeeding, or
      *HB0111*
                                                      -7-
         H.B. 111                                                                     01-02-24 2:25 PM
 related conditions unless the employer demonstrates that the accommodation would create an
 undue hardship on the operations of the employer; or
         (iii) deny 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 of an employee unless the employer demonstrates that the
 accommodation would create an undue hardship on the operations of the employer.
          º [(h) (i) It is unlawful to subject an individual, as a condition of employment,
  º [membership, certification, licensing, credentialing, or passing an examination, to training,
 instruction, or any other required activity that espouses, promotes, advances, or compels the
 individual to believe or] to »    profess a belief in any of the following concepts and constitutes
 discrimination based on race, color, sex, or national origin:] (h) (i) An employer may not, as a
224a condition of employment, advancement, promotion, or demotion, require an individual to sign
224b   a document or attestation professing a belief in any of the following concepts: »
         (A) that members of one race, color, sex, or national origin are morally superior to
 members of another race, color, sex, or national origin;
         (B) that an individual, by virtue of the individual's race, color, sex, or national origin, is
 inherently racist, sexist, or oppressive, whether consciously or unconsciously;
         (C) that an individual's moral character or status as either privileged or oppressed is
 necessarily determined by the individual's race, color, sex, or national origin;
         (D) that members of one race, color, sex, or national origin cannot or should not
 attempt to treat others without respect to race, color, sex, or national origin;
         (E) that an individual, by virtue of the individual's race, color, sex, or national origin,
 bears responsibility for, or should be subject to discrimination or adverse treatment because of
 actions that other members of the same race, color, sex, or national origin committed in the
 past;
         (F) that an individual, by virtue of the individual's race, color, sex, or national origin,
 should be subject to discrimination or adverse treatment to achieve diversity, equity, or
 inclusion; or
         (G) that virtues including merit, excellence, hard work, fairness, neutrality      º and »       ,
240a objectivity,
  º [and racial colorblindness] »       are racist or sexist, or   º [the creation of] that »      members
241a of a
241a particular race,
 color, sex, or national origin    º created these virtues »       to oppress members of another race,
242a color, sex, or national origin.
          º [(ii) Nothing in this Subsection (1)(h) prohibits an objective discussion of the concepts
 described in Subsection (1)(h)(i) as part of a course of training or instruction that does not House Floor Amendments 2-1-2024 ho/tm
                                                        -8-         House Committee Amendments 1-24-2024 ho/tm LEGISLATIVE GENERAL COUNSEL                                                 H.B. 111
        6 Approved for Filing: A. Weenig 6
            6 01-02-24 2:25 PM 6
 include an endorsement of the concepts or a requirement of adherence to or belief in the
 concepts.] (ii) A violation of Subsection (1)(h)(i) constitutes discrimination based on race, color,
246a sex, or national origin.
246b   (iii) This Subsection (1)(h) does not prohibit an employer from training an employee on the
246c concepts described in Subsection (1)(h)(i) if the training does not include a requirement that
246d the employee sign a document or attestation professing a belief in the concepts described in
246e Subsection (1)(h)(i). »
          º [(iii)] (iv) »    (A) The provisions of this Subsection (1)(h) ar