Disability Law Summaries
Utah, Disability Law Summaries
Utah has several laws dealing with disability discrimination in employment. The Utah Antidiscrimination Act prohibits discrimination in private and public employment on the basis of disability, among other factors. It is located in the Utah Code Annotated at Title 34A, Chapter 5. Please refer to that law, summarized beginning at 46-2500 , for additional employment discrimination provisions that may apply.
The full text of Utah's Antidiscrimination Act is available beginning at Employment Practices Guide ¶46-20,025.01 .
Provisions pertaining specifically to state employment are codified in the Utah Code Annotated at Title 67, Chapter 19 and is summarized below.
The full text of Utah's state employment disability discrimination law is available beginning at Employment Practices Guide ¶46-23,400.01 .
The law pertaining specifically to minimum wages and a person with disabilities productivity are in the Utah Code Annotated at Title 34, Chapter 40, Part I and is summarized below.
Provisions pertaining to the rights of persons with disabilities in accessibility, housing, state employment and transportation are contained in the Utah Code Annotated at Title 26, Chapter 29 and 62A, Chapter b
The Utah Public Service Commission shall establish programs for the deaf or severely hearing or speech impaired persons to obtain telecommunications devices and the relevant law is codified at Title 54, Chapter 8B. These laws are also summarized below.
In addition to laws, the the Utah Department of Human Resource Management has adopted rules pertaining to disability bias in state employment. These rules are codified in the Utah Administrative Code at R477-8 and are summarized below.
Interaction of disability laws.- State or local disability laws that provide protection that is greater than or equivalent to that of the Americans with Disabilities Act are not nullified by the Act, and neither are laws that provide less protection than the ADA. However, if either law provides less protection than the other, the law with the lesser standard cannot be used as a defense to the law with the higher standard.
Before making any decisions that will affect the rights of people with disabilities, it is important that state laws be compared with the ADA and the Rehabilitation Act of 1973. A person with a disability may prefer to file charges under a state law with fewer protections if that state law has greater remedies than the ADA.
DEFINITIONS
The following definition applies to Utah's state employment disability discrimination law.
“Disability” means a physical or mental disability as defined and protected under the Americans with Disabilities Act (Sec. 67-19-3, as amended by Ch. 139 (H.269), L. 2006, effective July 1, 2006).
The following definitions apply to Utah's Rights and Privileges of a Person with a Disability Law.
Disability has the same meaning as defined in 42 U.S.C. 12102 of the Americans With Disabilities Act of 1990, as may be amended in the future, and 28 C.F.R. 36.104 of the Code of Federal Regulations, as may be amended in the future (Sec. 62A-5b-102, as enacted by S. 192, L. 2007, effective April 30, 2007).
Service animal means a guide dog, signal dog, or any other animal individually trained to do work or perform tasks for the benefit of a person with a disability, including (Sec. 62A-5b-102, as enacted by S. 192, L. 2007, effective April 30, 2007):
guiding a person with impaired vision;
alerting a person with impaired hearing to intruders or sounds;
providing minimal protection or rescue work;
pulling a wheelchair; or
fetching dropped items.
In addition, Service animal includes an emotional support animal in the possession of a person with a disability that used, with specific documentation from a mental health therapist, the animal is needed in a particular location described in Section 62A-5b-103, (below) other than a restaurant, by the person to address a mental health condition (Sec. 62A-5b-102, as enacted by S. 192, L. 2007, effective April 30, 2007).
COVERAGE
Utah's Health Code disability discrimination law applies to public employers only.
The state and its officers and employees are governed by the state employment disability discrimination law (Utah Code Annotated Title 67, Ch. 19) as well as the prohibitions against discriminatory or unfair employment practices in the Utah Antidiscrimination Act (see ¶46-2500 et seq. ) (Sec. 67-19-4, as amended by Ch. 65 (S. 122), L. 2003, effective May 5, 2003).
EXCEPTIONS
Pursuant to Utah's Health Code disability discrimination law, equal employment opportunity need not be extended to persons with disabilities if it is shown that the particular disability prevents the performance of the work involved (Sec. 62A-5b-105, as renumbered and amended by S. 192, L. 2007, effective 61 days after the adjournment of the legislature).
ACCESSIBILITY
Facilities.- Persons with a disability have the same rights as others to used the highways, streets, sidewalks, walkways, public buildings, public facilities and other public areas (Sec. 62A-5b-103, as renumbered and amended by S.B. 192, l. 2007, effective April 30, 2007).
Service animals.- The provisions regarding service animals summarized under HOUSING below also apply to the public facilities listed just above (Sec. 62A-5b-104, as renumbered and amended by S. 192, L. 2007, effective April 30, 2007).
Public accommodations.- Persons with a disability have the same rights as others to equal accommodations, advantages, and facilities of all hotels, motels, lodges, and places of public accommodation, amusement or resort and other places to which the general public is invited (Sec. 62A-5b-103, as renumbered and amended by S. 192, l. 2007, effective April 30, 2007).
Service animals.- The provisions regarding service animals summarized under HOUSING below also apply to the public accommodations listed just above (Sec. 62A-5b-103, as renumbered and amended by S. 192, l. 2007, effective April 30, 2007).
Accessibility standards.- The standards of this chapter are the current edition of planning and design criteria to prevent architectural barriers for the aged and persons with a physical disability, as promulgated by the State Building Board (Sec. 26-29-3, as amended by H. 79, L. 2001).
New construction.- The standards apply to all buildings and facilities used by the public that are constructed or remodeled by the use of state funds or the funds of any political subdivision of the state (Sec. 26-29-1, as amended by H. 79, L. 2001).
Remodeled or altered facilities.- Remodeled or altered facilities must comply where the alteration will affect an area of the building or facility in which there are architectural barriers for persons with physical disabilities. If the remodeling involves less than 50 percent of the building space, only the areas being remodeled must comply. If the remodeling involves 50 percent or more of the space, the entire building must comply (Sec. 26-29-1(3), as amended by H. 79, L. 2001).
EMPLOYMENT
Utah's state employment disability discrimination law.- Provides that employees may not be dismissed from state employment because of disability (Sec. 67-19-18, as amended by Ch. 139 (. 269), L. 2006, effective July 1, 2006).
Also, state and its officers and employees are governed by the prohibitions against discriminatory or unfair employment practices in the Utah Antidiscrimination Act (see ¶46-2500 et seq. ) and for handling claims of discriminatory practices (Sec. 67-19-4, as amended by Ch. 65 (S. 122), L. 2003, effective May 5, 2003 and 67-19-32).
Minimum wages.- Persons with disabilities whose earnings or productive capacities are impaired by physical or mental deficiencies or injury may be employed at subminimum wage rates, provided the wage is related to the employee's productivity. The Commission may establish and regulate the wages paid or wage scales for such persons (Sec. 34-40-104, as amended by Ch. 151 (H. 219), L. 2003, effective May 5, 2003).
Utah's Health Code disability discrimination law.- It is the policy of the state of Utah that a person with a disability must be employed in the state service, the service of the political subdivisions of the state, in the public schools, and in all other employment supported in whole or in part by public funds on the same terms and conditions as persons without disabilities (Sec. 62A-5b-105, as renumbered and amended by S. 192, L. 2007, effective April 30, 2007).
Disability bias rules.- Reasonable accommodation for qualified individuals with disabilities may be a factor in any employment action. However, before denying a reasonable accommodation to an employee, an agency is required to consult with the Division of Risk Management (Sec. R477-8-7, as amended effective Jan. 22, 2008).
Duty evaluations. Fitness for duty medical evaluations may be performed under any of the following circumstances (Sec. R477-8-8, as amended effective Jan. 22, 2008):
Return to work from injury or illness;
When management determines that there is a direct threat to the health or safety of self or others;
In conjunction with corrective action, performance or conduct issues or discipline;
When the evaluation is a bona fide occupational qualification for selection, retention or promotion.
Transitional assignments. Temporary transitional assignments may part of any of the following (Sec. R477-8-9, as amended effective July 1, 2008):
When management determines that there is a direct threat to the health or safety of self or others;
In conjunction with an internal investigation, corrective action, performance or conduct issues or discipline;
Where there is a bona fide occupational qualification for retention in a position;
While an employee is being evaluated to determine if reasonable accommodation is appropriate
Minimum wages.- Persons with disabilities whose earnings or productive capacities are impaired by physical or mental deficiencies or injury may be employed at a subminimum wage rates, provided the wage is related to the employee's productivity. The Department may establish and regulate the wage scales for such persons (Sec. 34-40-104, as amended by Ch. 382 (H. 63), L. 2008, effective May 5, 2008).
HOUSING
Persons who are blind, visually impaired, hearing impaired or otherwise physically disabled have equal rights and access to public and private housing accommodations offered for rent, lease, or other compensation in this state (Sec. 62A-5b-103(4), as renumbered and amended by S.B. 192, L. 2007, effective April 30, 2007).
Service animals.- A person renting, leasing or selling private housing or real property to a person with a disability must comply with Sec. 62A-5b-104 regarding the right of the person to be accompanied by a service animal specially trained for that purpose (Sec. 62A-5b-103, as renumbered and amended by S. 192, L. 2007, effective April 30, 2007).
A person with a disability has the right to be accompanied by a service animal in any housing accommodation without additional charge for the animal. This section does not prohibit an owner or lessor of private housing accommodations from charging a reasonable deposit as security for any damage or wear and tear that might be caused by a service animal (Sec. 62A-5b-104, as renumbered and amended by S. 192, L. 2007, effective April 30, 2007).
An owner or lessor of private housing accommodations may not, in any manner, discriminate against a person with a disability on the basis of the person's possession of a service animal (Sec. 62A-5b-104, as renumbered and amended by S. 192, L. 2007, effective April 30, 2007).
A person who is not a person with a disability has the right to be accompanied by an animal that is in training to become a service animal in any housing accommodation without additional charge for the animal (Sec. 62A-5b-104, as renumbered and amended by S. 192, L. 2007, effective April 30, 2007).
A person with a disability is liable for any loss or damage caused or inflicted to the premises by the individual's service animal. Persons accompanied by a service animal is encouraged to identify the animal by exhibiting the animal's laminated identification card, the animal's service vest; or another form of identification (Sec. 62A-5b-104, as renumbered and amended by S 192, L. 2007, effective April 30, 2007).
TRANSPORTATION
Persons with a disability are entitled to accommodations, advantages and facilities of all common carriers, including air carriers, motor vehicles, railroad carriers, motor buses, water carriers or all other modes of public conveyance (Sec. 62A-5b-103, as renumbered and amended by S. 192, L. 2007, effective April 30, 2007).
Service animals.- The provisions regarding service animals summarized under HOUSING above also apply to any place or mode of transportation listed just above (Sec. 62A-5b-104, as renumbered and amended by S. 192, L. 2007, effective April 30, 2007).
TELECOMMUNICATIONS
The Utah Public Service Commission shall hold hearings to establish a program to provide telephone customers who are certified deaf or severely hearing or speech impaired to obtain telecommunications devices at no charge to them beyond the rate for basic service. The program shall provide a dual party relay system, using third party intervention to connect the person who is certified deaf or hearing or speech impaired with persons who are of normal hearing. A surcharge shall be imposed on the residence and business access line of each customer to cover the costs of the program (Sec. 54-8B-10, as amended by Ch. 382 (H. 63), L. 2008, effective May 5, 2008).
ENFORCEMENT
Utah's state employment disability discrimination law.- An applicant for a position in state government, a probationary employee, career service employee, or an exempt employee who alleges a discriminatory or prohibited employment practice as defined in the Utah Antidiscrimination Act (see ¶46-2500 et seq. ) may submit a written grievance to the department head where the alleged unlawful act occurred. Within 10 working days after a written grievance is submitted, the department head will issue a written response to the grievance stating the decision and the reasons for the decision. If the department head does not issue a decision within 10 days, or if the grievant is dissatisfied, the grievant may submit a complaint to the Division of Antidiscrimination and Labor (Sec. 67-19-32, as amended by Ch. 375 (S. 166), L. 1997, effective July 1, 1997).
PENALTIES
Any person, or agent of any person, who denies or interferes with the rights provided by the Health Code disability discrimination law is guilty of a class C misdemeanor (Sec. 62A-5b-106, as renumbered and amended by S.B. 192, L. 2007, effective April 30, 2007).
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