SB 86: Workplace Protection Amendments - Utah

Amended 2/5/2025 09:02:04 → Substitute #1 · 4 edits

MODERATE

This bill substitutes a new version of SB 86 that reduces the employee threshold for employer coverage under Utah's antidiscrimination laws from 15 to 5 employees and clarifies the definition of sexual harassment to include protections based on sexual orientation and gender identity. The changes expand the scope of businesses subject to employment discrimination protections and strengthen safeguards against retaliation and confidentiality clauses related to sexual misconduct allegations.

Scope change

The bill now applies to employers with 5 or more employees instead of 15, significantly expanding the number of businesses covered by Utah's employment discrimination laws.

ELIGIBILITY

Reduced the minimum number of employees required for a business to be considered an employer under the Utah Antidiscrimination Act from 15 to 5 employees.

DEFINITION

Updated the definition of sexual harassment to explicitly include protections based on sexual orientation and gender identity, aligning with federal standards.

Clarified the definition of gender identity by referencing the DSM-5 diagnostic manual and specifying what evidence can demonstrate a person's gender identity.

TECHNICAL

Changed the House Sponsor line from 'Andrew Stoddard' to blank in the substitute version.

Amended Excerpts 2/5/2025 09:02:04 → Amended 2/5/2025 09:02:04 · 2 edits

MINOR

This bill reduces the number of employees needed to be considered an 'employer' under Utah's Antidiscrimination Act from 15 to 5 employees, expanding protections to smaller businesses. It also amends the definition of sexual harassment to include gender identity as defined by the DSM-5 diagnostic manual.

Scope change

Expanded from only businesses with 15+ employees to include businesses with 5+ employees

ELIGIBILITY

Reduced the employee threshold from 15 to 5 employees for a business to be covered under the Utah Antidiscrimination Act

DEFINITION

Added gender identity definition based on DSM-5 diagnostic criteria to the sexual harassment provisions

Enrolled → Amended Excerpts 2/5/2025 09:02:04 · 1 edit

MINOR

This amendment changes the employee count threshold for employer coverage from 15 to 5 employees, significantly expanding the number of businesses subject to Utah's employment discrimination laws. The change applies to the definition of 'Employer' in the workplace protection provisions.

Scope change

The bill's scope expanded from covering employers with 15 or more employees to covering employers with 5 or more employees, making more businesses subject to the law's requirements.

ELIGIBILITY

The minimum number of employees required for a business to be considered an 'employer' under the law was reduced from 15 to 5 employees.

Introduced → Enrolled · 5 edits · Mar 26, 2025

MODERATE

The bill was formatted and finalized for enactment, with minor text corrections and additions of a House Sponsor. The substantive policy content remains focused on amending employment definitions in Utah's Antidiscrimination Act, particularly regarding employer thresholds and various protected categories.

TECHNICAL

Added House Sponsor name (Andrew Stoddard) and corrected formatting/layout for the enrolled version.

Changed General Description from 'provisions relating to the definition of an employer' to 'provisions relating to employment' to broaden the stated scope.

Updated Highlighted Provisions to state the bill 'amends the definition of sexual harassment' instead of reducing employer thresholds.

Added Section 34A-5-114 to the list of Utah Code Sections Affected, indicating additional amendments beyond Section 34A-5-102.

DEFINITION

Corrected the employer threshold definition from '15five' to '15' employees, clarifying the minimum number of employees required for employer status.

Workplace Protection Amendments

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