Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 296 (2015GS)

Sponsor

Sen. Urquhart, S.

Final action

Governor Signed 3/12/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• modifies definition provisions related to employment and housing discrimination, including defining "employer," "gender identity," and "sexual orientation";
• includes sexual orientation and gender identity as prohibited bases for discrimination in employment;
• provides that the remedies in the Utah Antidiscrimination Act and the Utah Fair Housing Act preempt local government remedies;
• provides that protections for employment and housing do not create a special or protected class for other purposes;
• modifies powers of the Division of Antidiscrimination and Labor;
• addresses the Utah Antidiscrimination Act's application to:
• employee dress and grooming standards;
• sex-specific facilities; and
• freedom of expressive association and the free exercise of religion;
• addresses employee free speech in the workplace;
• prohibits an employer from taking certain actions in response to certain employee speech outside the workplace;
• modifies exemptions to the Utah Fair Housing Act;
• includes sexual orientation and gender identity as prohibited bases for discrimination in housing;

Every vote on this bill

Bill text

ANTIDISCRIMINATION AND RELIGIOUS FREEDOM
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsors: Stephen H. Urquhart and J. Stuart Adams
House Sponsor: 
Brad L. Dee
LONG TITLE
General Description:
This bill modifies the Utah Antidiscrimination Act and the Utah Fair Housing Act to
address discrimination and religious freedoms.
Highlighted Provisions:
This bill:
▸ modifies definition provisions related to employment and housing discrimination,
including defining "employer," "gender identity," and "sexual orientation";
▸ includes sexual orientation and gender identity as prohibited bases for
discrimination in employment;
▸ provides that the remedies in the Utah Antidiscrimination Act and the Utah Fair
Housing Act preempt local government remedies;
▸ provides that protections for employment and housing do not create a special or
protected class for other purposes;
▸ modifies powers of the Division of Antidiscrimination and Labor;
▸ addresses the Utah Antidiscrimination Act's application to:
• employee dress and grooming standards;
• sex-specific facilities; and
• freedom of expressive association and the free exercise of religion;
▸ addresses employee free speech in the workplace;
▸ prohibits an employer from taking certain actions in response to certain employee
speech outside the workplace;
▸ modifies exemptions to the Utah Fair Housing Act;
▸ includes sexual orientation and gender identity as prohibited bases for
discrimination in housing;
▸ includes nonseverability clauses; and
▸ makes technical and conforming amendments.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides revisor instructions.
Utah Code Sections Affected:
AMENDS:
34A-5-102
, as last amended by Laws of Utah 2011, Chapter 413
34A-5-104
, as last amended by Laws of Utah 2012, Chapter 369
34A-5-106
, as last amended by Laws of Utah 2013, Chapter 278
34A-5-107
, as last amended by Laws of Utah 2008, Chapter 382
57-21-2
, as last amended by Laws of Utah 2010, Chapter 379
57-21-3
, as last amended by Laws of Utah 1993, Chapter 114
57-21-5
, as last amended by Laws of Utah 2011, Chapter 366
57-21-6
, as last amended by Laws of Utah 1993, Chapter 114
57-21-7
, as last amended by Laws of Utah 1993, Chapter 114
57-21-12
, as last amended by Laws of Utah 1999, Chapter 160
ENACTS:
34A-5-102.5
, Utah Code Annotated 1953
34A-5-102.7
, Utah Code Annotated 1953
34A-5-109
, Utah Code Annotated 1953
34A-5-110
, Utah Code Annotated 1953
34A-5-111
, Utah Code Annotated 1953
34A-5-112
, Utah Code Annotated 1953
57-21-2.5
, Utah Code Annotated 1953
57-21-2.7
, Utah Code Annotated 1953
Utah Code Sections Affected by Revisor Instructions:
34A-5-102.7
, Utah Code Annotated 1953
57-21-2.7
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
34A-5-102
 is amended to read:
34A-5-102.
Definitions -- Unincorporated entities.
(1) As used in this chapter:
(a) "Affiliate" means the same as that term is defined in Section 
16-6a-102
.
[
(a)
] 
(b)
 "Apprenticeship" means a program for the training of apprentices including a
program providing the training of those persons defined as apprentices by Section 
35A-6-102
.
[
(b)
] 
(c)
 "Bona fide occupational qualification" means a characteristic applying to an
employee that:
(i) is necessary to the operation; or
(ii) is the essence of the employee's employer's business.
[
(c)
] 
(d)
 "Court" means:
(i) the district court in the judicial district of the state in which the asserted unfair
employment practice [
occurred
] 
occurs
; or
(ii) if [
this
] 
the district
 court is not in session at that time, a judge of the court described
in Subsection (1)[
(c)
]
(d)
(i).
[
(d)
] 
(e)
 "Director" means the director of the division.
[
(e)
] 
(f)
 "Disability" means a physical or mental disability as defined and covered by
the Americans with Disabilities Act of 1990, 42 U.S.C. Sec. 12102.
[
(f)
] 
(g)
 "Division" means the Division of Antidiscrimination and Labor.
[
(g)
] 
(h)
 "Employee" means [
any
] 
a
 person applying with or employed by an employer.
[
(h)
] 
(i)
 (i) "Employer" means:
(A) the state;
(B) [
any
] 
a
 political subdivision;
(C) a board, commission, department, institution, school district, trust, or agent of the
state or [
its
] 
a
 political [
subdivisions
] 
subdivision of the state
; or
(D) a person employing 15 or more employees within the state for each working day in
each of 20 calendar weeks or more in the current or preceding calendar year.
(ii) "Employer" does not include:
(A) a religious organization [
or association
]
, a religious corporation sole, a religious
association, a religious society, a religious educational institution, or a religious leader, when
that individual is acting in the capacity of a religious leader
;
[
(B) a religious corporation sole; or
]
[
(C)
] 
(B)
 any corporation or association constituting 
an affiliate,
 a wholly owned
subsidiary
,
 or 
an
 agency of any religious organization [
or association or religious corporation
sole.
]
, religious corporation sole, religious association, or religious society; or
(C) the Boy Scouts of America or its councils, chapters, or subsidiaries.
[
(i)
] 
(j)
 "Employment agency" means [
any
] 
a
 person:
(i) undertaking to procure employees or opportunities to work for any other person; or
(ii) holding the person out to be equipped to take an action described in Subsection
(1)[
(i)
]
(j)
(i).
(k) "Gender identity" has the meaning provided in the Diagnostic and Statistical
Manual (DSM-5). A person's gender identity can be shown by providing evidence, including,
but not limited to, medical history, care or treatment of the gender identity, consistent and
uniform assertion of the gender identity, or other evidence that the gender identity is sincerely
held, part of a person's core identity, and not being asserted for an improper purpose.
[
(j)
] 
(l)
 "Joint apprenticeship committee" means [
any
] 
an
 association of representatives
of a labor organization and an employer providing, coordinating, or controlling an apprentice
training program.
[
(k)
] 
(m)
 "Labor organization" means [
any
] 
an
 organization that exists for the purpose
in whole or in part of:
(i) collective bargaining;
(ii) dealing with employers concerning grievances, terms or conditions of employment;
or
(iii) other mutual aid or protection in connection with employment.
[
(l)
] 
(n)
 "National origin" means the place of birth, domicile, or residence of an
individual or of an individual's ancestors.
[
(m)
] 
(o)
 "On-the-job-training" means [
any
] 
a
 program designed to instruct a person
who, while learning the particular job for which the person is receiving instruction:
(i) is also employed at that job; or
(ii) may be employed by the employer conducting the program during the course of the
program, or when the program is completed.
[
(n)
] 
(p)
 "Person" means
:
(i)
 one or more individuals, partnerships, associations, corporations, legal
representatives, trusts or trustees, 
or
 receivers[
,
]
;
(ii)
 the state
;
 and [
all political subdivisions and agencies of the state.
]
(iii) a political subdivision of the state.
[
(o)
] 
(q)
 "Presiding officer" means the same as that term is defined in Section
63G-4-103
.
[
(p)
] 
(r)
 "Prohibited employment practice" means a practice specified as
discriminatory, and therefore unlawful, in Section 
34A-5-106
.
(s) "Religious leader" means an individual who is associated with, and is an authorized
representative of, a religious organization or association or a religious corporation sole,
including a member of clergy, a minister, a pastor, a priest, a rabbi, an imam, or a spiritual
advisor.
[
(q)
] 
(t)
 "Retaliate" means the taking of adverse action by an employer, employment
agency, labor organization, apprenticeship program, on-the-job training program, or vocational
school against one of its employees, applicants, or members because the employee, applicant,
or member [
has
]:
(i) [
opposed any
] 
opposes an
 employment practice prohibited under this chapter; or
(ii) [
filed charges, testified, assisted, or participated
] 
files charges, testifies, assists, or
participates
 in any way in [
any
] 
a
 proceeding, investigation, or hearing under this chapter.
(u) "Sexual orientation" means an individual's actual or perceived orientation as
heterosexual, homosexual, or bisexual.
[
(r)
] 
(v)
 "Unincorporated entity" means an entity organized or doing business in the
state that is not:
(i) an individual;
(ii) a corporation; or
(iii) publicly traded.
[
(s)
] 
(w)
 "Vocational school" means [
any
] 
a
 school or institution conducting a course
of instruction, training, or retraining to prepare individuals to follow an occupation or trade, or
to pursue a manual, technical, industrial, business, commercial, office, personal services, or
other nonprofessional occupations.
(2) (a) For purposes of this chapter, an unincorporated entity that is required to be
licensed under Title 58, Chapter 55, Utah Construction Trades Licensing Act, is presumed to
be the employer of each individual who, directly or indirectly, holds an ownership interest in
the unincorporated entity.
(b) Pursuant to rules made by the commission in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act, an unincorporated entity may rebut the presumption
under Subsection (2)(a) for an individual by establishing by clear and convincing evidence that
the individual:
(i) is an active manager of the unincorporated entity;
(ii) directly or indirectly holds at least an 8% ownership interest in the unincorporated
entity; or
(iii) is not subject to supervision or control in the performance of work by:
(A) the unincorporated entity; or
(B) a person with whom the unincorporated entity contracts.
(c) As part of the rules made under Subsection (2)(b), the commission may define:
(i) "active manager";
(ii) "directly or indirectly holds at least an 8% ownership interest"; and
(iii) "subject to supervision or control in the performance of work."
Section 2. Section 
34A-5-102.5
 is enacted to read:
 34A-5-102.5.
Supremacy over local regulations -- No special class created for
other purposes.
(1) Consistent with the requirements of Subsection 
34A-5-107
(15), this chapter
supersedes and preempts any ordinance, regulation, standard, or other legal action by a local
government entity, a state entity, or the governing body of a political subdivision that relates to
the prohibition of discrimination in employment.
(2) This chapter shall not be construed to create a special or protected class for any
purpose other than employment.
Section 3. Section 
34A-5-102.7
 is enacted to read:
 34A-5-102.7.
Nonseverability.
This bill is the result of the Legislature's balancing of competing interests. 
Accordingly, if any phrase, clause, sentence, provision, or subsection enacted or amended in
this chapter by this bill is held invalid in a final judgment by a court of last resort, the
remainder of the enactments and amendments of this bill affecting this chapter shall be thereby
rendered without effect and void.
Section 4. Section 
34A-5-104
 is amended to read:
34A-5-104.
Powers.
(1) (a) The commission has jurisdiction over the subject of employment practices and
discrimination made unlawful by this chapter.
(b) The commission may adopt, publish, amend, and rescind rules, consistent with, and
for the enforcement of this chapter.
(2) The division may:
(a) appoint and prescribe the duties of [
investigators and other employees and agents
that it
] 
an investigator, other employee, or agent of the commission that the commission
considers necessary for the enforcement of this chapter;
(b) receive, reject, investigate, and pass upon complaints alleging:
(i) discrimination in:
(A) employment;
(B) 
an
 apprenticeship [
programs
] 
program
;
(C) 
an
 on-the-job training [
programs
] 
program
; [
and
] 
or
(D) 
a
 vocational [
schools
] 
school
; or
(ii) the existence of a discriminatory or prohibited employment practice by:
(A) a person;
(B) an employer;
(C) an employment agency;
(D) a labor organization;
(E) [
the employees or members
] 
an employee or member
 of an employment agency or
labor organization;
(F) a joint apprenticeship committee; and
(G) 
a
 vocational school;
(c) investigate and study the existence, character, causes, and extent of discrimination
in employment, apprenticeship programs, on-the-job training programs, and vocational schools
in this state by:
(i) employers;
(ii) employment agencies;
(iii) labor organizations;
(iv) joint apprenticeship committees; and
(v) vocational schools;
(d) formulate plans for the elimination of discrimination by educational or other
means;
(e) hold hearings upon complaint made against:
(i) a person;
(ii) an employer;
(iii) an employment agency;
(iv) a labor organization;
(v) [
the employees or members
] 
an employee or member
 of an employment agency or
labor organization;
(vi) a joint apprenticeship committee; or
(vii) a vocational school;
(f) issue publications and reports of investigations and research that:
(i) promote good will among the various racial, religious, and ethnic groups of the
state; and
(ii) minimize or eliminate discrimination in employment because of race, color, sex,
religion, national origin, age, [
or
] disability
, sexual orientation, or gender identity
;
(g) prepare and transmit to the governor, at least once each year, reports describing:
(i) [
its
] 
the division's
 proceedings, investigations, and hearings;
(ii) the outcome of those hearings;
(iii) decisions the division [
has rendered
] 
renders
; 
and
(iv) the other work performed by the division;
(h) recommend policies to the governor, and submit recommendation to employers,
employment agencies, and labor organizations to implement those policies;
(i) recommend [
any
] legislation 
to the governor that the division considers necessary
concerning discrimination because of
:
(i)
 race[
,
]
;
(ii)
 sex[
,
]
;
(iii)
 color[
,
]
;
(iv)
 national origin[
,
]
;
(v)
 religion[
,
]
;
(vi)
 age[
, or
]
;
(vii)
 disability [
to the governor that it considers necessary; and
]
;
(viii) sexual orientation; or
(ix) gender identity; and
(j) within the limits of [
any
] appropriations made for its operation, cooperate with other
agencies or organizations, both public and private, in the planning and conducting of
educational programs designed to eliminate discriminatory practices prohibited under this
chapter.
(3) The division shall investigate 
an
 alleged discriminatory [
practices
] 
practice
involving [
officers or employees
] 
an officer or employee
 of state government if requested to do
so by the Career Service Review Office.
(4) (a) In [
any
] 
a
 hearing held under this chapter, the division may:
(i) subpoena witnesses and compel their attendance at the hearing;
(ii) administer oaths and take the testimony of [
any
] 
a
 person under oath; and
(iii) compel [
any
] 
a
 person to produce for examination [
any books, papers
] 
a book,
paper
, or other information relating to the matters raised by the complaint.
(b) The division director or a hearing examiner appointed by the division director may
conduct [
hearings
] 
a hearing
.
(c) If a witness fails or refuses to obey a subpoena issued by the division, the division
may petition the district court to enforce the subpoena.
(d) [
In the event
] 
If
 a witness asserts a privilege against self-incrimination, testimony
and evidence from the witness may be compelled pursuant to Title 77, Chapter 22b, Grants of
Immunity.
Section 5. Section 
34A-5-106
 is amended to read:
34A-5-106.
Discriminatory or prohibited employment practices -- Permitted
practices.
(1) It is a discriminatory or prohibited employment practice to take [
any
] 
an
 action
described in Subsections (1)(a) through (f).
(a) (i) An employer may not refuse to hire, promote, discharge, demote, or terminate
[
any
] 
a
 person, or to retaliate against, harass, or discriminate in matters of compensation or in
terms, privileges, and conditions of employment against [
any
] 
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; [
or
]
(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):
(I) nothing in this chapter prevents [
increases
] 
an increase
 in pay as a result of
longevity with the employer, if the salary [
increases are
] 
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; [
or
]
(H) disability; [
or
]
(I) sexual orientation; or
(J) gender identity; or
(ii) comply with a request from an employer for referral of [
applicants
] 
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;
(E) religion;
(F) national origin;
(G) age, if the individual is 40 years of age or older; [
or
]
(H) disability[
.
]
;
(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 [
any
] 
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 [
any of the labor organization's members
]
a member of the labor organization
 in full employment of work opportunity, or representation[
,
because of:
]
.
(ii) A labor organization may not take an action listed in this Subsection (1)(c) because
of:
[
(i)
] 
(A)
 race;
[
(ii)
] 
(B)
 sex;
[
(iii)
] 
(C)
 pregnancy, childbirth, or pregnancy-related conditions;
[
(iv)
] 
(D)
 religion;
[
(v)
] 
(E)
 national origin;
[
(vi)
] 
(F)
 age, if the individual is 40 years of age or older; [
or
]
[
(vii)
] 
(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 [
reasons
] 
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, [
or
] circulate, or cause to be printed or circulated[
, any
] 
a
 statement,
advertisement, or publication[
,
]
;
(B)
 use [
any
] 
a
 form of application for employment or membership[
,
]
;
 or
(C)
 make any inquiry in connection with prospective employment or membership [
that
expresses, either directly or indirectly: (i) any
]
.
(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;
(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; [
or
]
(H) disability; [
or
]
[
(ii) the intent to make any limitation, specification, or discrimination described in
Subsection (1)(d)(i).
]
(I) sexual orientation; or
(J) gender identity.
(e) A person, whether or not an employer, an employment agency, a labor organization,
or [
the employees or members
] 
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 [
any
] 
a
 person from complying with this chapter, or any order
issued under this chapter; or
(iii) attempt, either directly or indirectly, to commit [
any
] 
an
 act prohibited in this
section.
(f) (i) An employer, labor organization, joint apprenticeship committee, or vocational
school[
,
] providing, coordinating, or controlling 
an
 apprenticeship [
programs,
] 
program
 or
providing, coordinating, or controlling 
an
 on-the-job-training [
programs
] 
program
, instruction,
training, or retraining [
programs
] 
program
 may not:
(A) deny to, or withhold from, any qualified person[
,
] the right to be admitted to[
,
] or
participate in [
any
] 
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;
(V) religion;
(VI) national origin;
(VII) age, if the individual is 40 years of age or older; [
or
]
(VIII) disability;
(IX) sexual orientation; or
(X) gender identity;
(B) discriminate against or harass [
any
] 
a
 qualified person in that person's pursuit of
[
programs
] 
a program
 described in Subsection (1)(f)(i)(A)[
, or to
] 
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 [
such
] a 
qualified
 person in the terms, conditions, or privileges
of [
programs
] 
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; [
or
]
(VIII) disability; [
or
]
(IX) sexual orientation; or
(X) gender identity; or
[
(C)
] 
(D)
 except as provided in Subsection (1)(f)(ii), print, publish, or cause to be
printed or published, [
any
] 
a
 notice or advertisement relating to employment by the employer,
or membership in or [
any
] 
a
 classification or referral for employment by a labor organization,
or relating to [
any
] 
a
 classification or referral for employment by an employment agency,
indicating [
any
] 
a
 preference, limitation, specification, or discrimination based on:
(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; [
or
]
(VIII) disability[
.
]
;
(IX) sexual orientation; or
(X) gender identity.
(ii) Notwithstanding Subsection (1)(f)(i)[
(C)
]
(D)
, if the following is a bona fide
occupational qualification for employment, a notice or advertisement described in Subsection
(1)(f)(i)[
(C)
]
(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; [
or
]
(H) disability[
.
]
;
(I) sexual orientation; or
(J) gender identity.
(2) [
Nothing contained in
] Subsections (1)(a) through (1)(f) [
shall
] 
may not
 be
construed to prevent:
(a) the termination of employment of an individual who, with or without reasonable
accommodation, is physically, mentally, or emotionally unable to perform the duties required
by that individual's employment;
(b) the variance of insurance premiums or coverage on account of age; or
(c) a restriction on the activities of [
individuals licensed by the liquor authority with
respect to persons
] 
a person licensed in accordance with Title 32B, Alcoholic Beverage Control
Act, with respect to an individual who is
 under 21 years of age.
(3) (a) It is not a discriminatory or prohibited employment practice:
(i) for an employer to hire and employ [
employees
] 
an employee
, for an employment
agency to classify or refer for employment [
any
] 
an
 individual, for a labor organization to
classify its membership or to classify or refer for employment [
any
] 
an
 individual
,
 or for an
employer, labor organization, or joint labor-management committee controlling 
an
apprenticeship or other training or retraining [
programs
] 
program
 to admit or employ [
any
] 
an
individual in [
any such
] 
the
 program[
,
] on the basis of religion, sex, pregnancy, childbirth, or
pregnancy-related conditions, age, national origin, [
or
] disability
, sexual orientation, or gender
identity
 in those certain instances [
where
] 
when
 religion, sex, pregnancy, childbirth, or
pregnancy-related conditions, age, if the individual is 40 years of age or older, national origin,
[
or
] disability
, sexual orientation, or gender identity
 is a bona fide occupational qualification
reasonably necessary to the normal operation of that particular business or enterprise;
(ii) for a school, college, university, or other educational institution to hire and employ
[
employees
] 
an employee
 of a particular religion if:
(A) the school, college, university, or other educational institution is, in whole or in
substantial part, owned, supported, controlled, or managed by a particular religious corporation,
association, or society; or
(B) the curriculum of the school, college, university, or other educational institution is
directed toward the propagation of a particular religion;
(iii) for an employer to give preference in employment to:
(A) the employer's:
(I) spouse;
(II) child; or
(III) son-in-law or daughter-in-law;
(B) [
any
] 
a
 person for whom the employer is or would be liable to furnish financial
support if [
those persons
] 
the person
 were unemployed;
(C) [
any
] 
a
 person to whom the employer during the preceding six months [
has
furnished
] 
furnishes
 more than one-half of total financial support regardless of whether or not
the employer was or is legally obligated to furnish support; or
(D) [
any
] 
a
 person whose education or training [
was
] 
is
 substantially financed by the
employer for a period of two years or more.
(b) Nothing in this chapter applies to [
any
] 
a
 business or enterprise on or near an Indian
reservation with respect to [
any
] 
a
 publicly announced employment practice of the business or
enterprise under which preferential treatment is given to [
any
] 
an
 individual because that
individual is a native American Indian living on or near an Indian reservation.
(c) Nothing in this chapter [
shall
] 
may
 be interpreted to require [
any
] 
an
 employer,
employment agency, labor organization, vocational school, joint labor-management committee,
or apprenticeship program subject to this chapter to grant preferential treatment to [
any
] 
an
individual or to [
any
] 
a
 group because of the race, color, religion, sex, age, national origin, [
or
]
disability
, sexual orientation, or gender identity
 of the individual or group on account of an
imbalance [
which
] 
that
 may exist with respect to the total number or percentage of persons of
[
any
] 
a
 race, color, religion, sex, age, national origin, [
or
] disability
, sexual orientation, or
gender identity
 employed by [
any
] 
an
 employer, referred or classified for employment by an
employment agency or labor organization, admitted to membership or classified by [
any
] 
a
labor organization, or admitted to or employed in, any apprenticeship or other training
program, in comparison with the total number or percentage of persons of that race, color,
religion, sex, age, national origin, [
or
] disability
, sexual orientation, or gender identity
 in any
community or county or in the available work force in any community or county.
(4) It is not a discriminatory or prohibited practice with respect to age to observe the
terms of a bona fide seniority system or any bona fide employment benefit plan such as a
retirement, pension, or insurance plan that is not a subterfuge to evade the purposes of this
chapter, except that [
no such
] 
an
 employee benefit plan [
shall
] 
may not
 excuse the failure to
hire an individual.
(5) Notwithstanding Subsection (4), or [
any other statutory provision
] 
another statute
 to
the contrary, a person may not be subject to involuntary termination or retirement from
employment on the basis of age alone, if the individual is 40 years of age or older, except:
(a) under Subsection (6); and
(b) when age is a bona fide occupational qualification.
(6) Nothing in this section prohibits compulsory retirement of an employee who has
attained at least 65 years of age, and who, for the two-year period immediately before
retirement, is employed in a bona fide executive or a high policymaking position, if:
(a) that employee is entitled to an immediate nonforfeitable annual retirement benefit
from the employee's employer's pension, profit-sharing, savings, or deferred compensation
plan, or any combination of those plans; and
(b) the benefit described in Subsection (6)(a) equals, in the aggregate, at least $44,000.
Section 6. Section 
34A-5-107
 is amended to read:
34A-5-107.
Procedure for aggrieved person to file claim -- Investigations --
Adjudicative proceedings -- Settlement -- Reconsideration -- Determination.
(1) (a) [
Any
] 
A
 person claiming to be aggrieved by a discriminatory or prohibited
employment practice may, or that person's attorney or agent may, make, sign, and file with the
division a request for agency action.
(b) [
Every
] 
A
 request for agency action shall be verified under oath or affirmation.
(c) A request for agency action made under this section shall be filed within 180 days
after the alleged discriminatory or prohibited employment practice [
occurred
] 
occurs
.
(d) The division may transfer a request for agency action filed with the division
pursuant to this section to the federal Equal Employment Opportunity Commission in
accordance with [
the provisions of any
] 
a
 work-share agreement that is:
(i) between the division and the Equal Employment Opportunity Commission; and
(ii) in effect on the day on which the request for agency action is transferred.
(2) [
Any
] 
An
 employer, labor organization, joint apprenticeship committee, or
vocational school who has an employee or member who refuses or threatens to refuse to
comply with this chapter may file with the division a request for agency action asking the
division for assistance to obtain the employee's or member's compliance by conciliation or
other remedial action.
(3) (a) Before a hearing is set or held as part of any adjudicative proceeding, the
division shall promptly assign an investigator to attempt a settlement between the parties by
conference, conciliation, or persuasion.
(b) If no settlement is reached, the investigator shall make a prompt impartial
investigation of all allegations made in the request for agency action.
(c) The division and its staff, agents, and employees:
(i) shall conduct every investigation in fairness to all parties and agencies involved;
and
(ii) may not attempt a settlement between the parties if it is clear that no discriminatory
or prohibited employment practice has occurred.
(d) An aggrieved party may withdraw the request for agency action prior to the
issuance of a final order.
(4) (a) If the initial attempts at settlement are unsuccessful, and the investigator
uncovers insufficient evidence during the investigation to support the allegations of a
discriminatory or prohibited employment practice set out in the request for agency action, the
investigator shall formally report these findings to the director or the director's designee.
(b) Upon receipt of the investigator's report described in Subsection (4)(a), the director
or the director's designee may issue a determination and order for dismissal of the adjudicative
proceeding.
(c) A party may make a written request to the Division of Adjudication for an
evidentiary hearing to review de novo the director's or the director's designee's determination
and order within 30 days of the date the determination and order for dismissal is issued.
(d) If the director or the director's designee receives no timely request for a hearing, the
determination and order issued by the director or the director's designee becomes the final order
of the commission.
(5) (a) If the initial attempts at settlement are unsuccessful and the investigator
uncovers sufficient evidence during the investigation to support the allegations of a
discriminatory or prohibited employment practice set out in the request for agency action, the
investigator shall formally report these findings to the director or the director's designee.
(b) (i) Upon receipt of the investigator's report described in Subsection (5)(a), the
director or the director's designee may issue a determination and order based on the
investigator's report.
(ii) A determination and order issued under this Subsection (5)(b) shall:
(A) direct the respondent to cease any discriminatory or prohibited employment
practice; and
(B) provide relief to the aggrieved party as the director or the director's designee
determines is appropriate.
(c) A party may file a written request to the Division of Adjudication for an evidentiary
hearing to review de novo the director's or the director's designee's determination and order
within 30 days of the date the determination and order is issued.
(d) If the director or the director's designee receives no timely request for a hearing, the
determination and order issued by the director or the director's designee in accordance with
Subsection (5)(b) becomes the final order of the commission.
(6) In [
any
] 
an
 adjudicative proceeding to review the director's or the director's
designee's determination that a prohibited employment practice has occurred, the division shall
present the factual and legal basis of the determination or order issued under Subsection (5).
(7) (a) [
Prior to
] 
Before the
 commencement of an evidentiary hearing:
(i) the party filing the request for agency action may reasonably and fairly amend any
allegation; and
(ii) the respondent may amend its answer.
(b) An amendment permitted under this Subsection (7) may be made:
(i) during or after a hearing; and
(ii) only with permission of the presiding officer.
(8) (a) If, upon 
reviewing
 all the evidence at a hearing, the presiding officer finds that a
respondent has not engaged in a discriminatory or prohibited employment practice, the
presiding officer shall issue an order dismissing the request for agency action containing the
allegation of a discriminatory or prohibited employment practice.
(b) The presiding officer may order that the respondent be reimbursed by the
complaining party for the respondent's attorneys' fees and costs.
(9) If
,
 upon 
reviewing
 all the evidence at the hearing, the presiding officer finds that a
respondent has engaged in a discriminatory or prohibited employment practice, the presiding
officer shall issue an order requiring the respondent to:
(a) cease any discriminatory or prohibited employment practice; and
(b) provide relief to the complaining party, including:
(i) reinstatement;
(ii) back pay and benefits;
(iii) [
attorneys'
] 
attorney
 fees; and
(iv) costs.
(10) Conciliation between the parties is to be urged and facilitated at all stages of the
adjudicative process.
(11) (a) Either party may file with the Division of Adjudication a written request for
review before the commissioner or Appeals Board of the order issued by the presiding officer
in accordance with:
(i) Section 
63G-4-301
; and
(ii) Chapter 1, Part 3, Adjudicative Proceedings.
(b) If there is no timely request for review, the order issued by the presiding officer
becomes the final order of the commission.
(12) An order of the commission under Subsection (11)(a) is subject to judicial review
as provided in:
(a) Section 
63G-4-403
; and
(b) Chapter 1, Part 3, Adjudicative Proceedings.
(13) The commission [
shall have authority to
] 
may
 make rules concerning procedures
under this chapter in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act.
(14) The commission and its staff may not divulge or make public [
any
] information
gained from [
any
] 
an
 investigation, settlement negotiation, or proceeding before the
commission except as provided in Subsections (14)(a) through (d).
(a) Information used by the director or the director's designee in making [
any
] 
a
determination may be provided to all interested parties for the purpose of preparation for and
participation in proceedings before the commission.
(b) General statistical information may be disclosed provided the identities of the
individuals or parties are not disclosed.
(c) Information may be disclosed for inspection by the attorney general or other legal
representatives of the state or the commission.
(d) Information may be disclosed for information and reporting requirements of the
federal government.
(15) The procedures contained in this section are the exclusive remedy under state law
for employment discrimination based upon:
(a) race;
(b) color;
(c) sex;
(d) retaliation;
(e) pregnancy, childbirth, or pregnancy-related conditions;
(f) age;
(g) religion;
(h) national origin; [
or
]
(i) disability[
.
]
;
(j) sexual orientation; or
(k) gender identity.
(16) (a) The commencement of an action under federal law for relief based upon [
any
]
an
 act prohibited by this chapter bars the commencement or continuation of [
any
] 
an
adjudicative proceeding before the commission in connection with the same [
claims
] 
claim
under this chapter.
(b) The transfer of a request for agency action to the Equal Employment Opportunity
Commission in accordance with Subsection (1)(d) is considered the commencement of an
action under federal law for purposes of Subsection (16)(a).
(c) Nothing in this Subsection (16) is intended to alter, amend, modify, or impair the
exclusive remedy provision set forth in Subsection (15).
Section 7. Section 
34A-5-109
 is enacted to read:
 34A-5-109.
Application to employee dress and grooming standards.
This chapter may not be interpreted to prohibit an employer from adopting reasonable
dress and grooming standards not prohibited by other provisions of federal or state law,
provided that the employer's dress and grooming standards afford reasonable accommodations
based on gender identity to all employees.
Section 8. Section 
34A-5-110
 is enacted to read:
 34A-5-110.
Application to sex-specific facilities.
This chapter may not be interpreted to prohibit an employer from adopting reasonable
rules and policies that designate sex-specific facilities, including restrooms, shower facilities,
and dressing facilities, provided that the employer's rules and policies adopted under this
section afford reasonable accommodations based on gender identity to all employees.
Section 9. Section 
34A-5-111
 is enacted to read:
 34A-5-111.
Application to the freedom of expressive association and the free
exercise of religion.
This chapter may not be interpreted to infringe upon the freedom of expressive
association or the free exercise of religion protected by the First Amendment of the United
States Constitution and Article I, Sections 1, 4, and 15 of the Utah Constitution.
Section 10. Section 
34A-5-112
 is enacted to read:
 34A-5-112.
Religious liberty protections -- Expressing beliefs and commitments in
workplace -- Prohibition on employment actions against certain employee speech.
(1) An employee may express the employee's religious or moral beliefs and
commitments in the workplace in a reasonable, non-disruptive, and non-harassing way on
equal terms with similar types of expression of beliefs or commitments allowed by the
employer in the workplace, unless the expression is in direct conflict with the essential
business-related interests of the employer.
(2) An employer may not discharge, demote, terminate, or refuse to hire any person, or
retaliate against, harass, or discriminate in matters of compensation or in terms, privileges, and
conditions of employment against any person otherwise qualified, for lawful expression or
expressive activity outside of the workplace regarding the person's religious, political, or
personal convictions, including convictions about marriage, family, or sexuality, unless the
expression or expressive activity is in direct conflict with the essential business-related
interests of the employer.
Section 11. Section 
57-21-2
 is amended to read:
57-21-2.
Definitions.
As used in this chapter:
(1) "Affiliate" means the same as that term is defined in Section 
16-6a-102
.
[
(1)
] 
(2)
 "Aggrieved person" includes [
any
] 
a
 person who:
(a) claims to have been injured by a discriminatory housing practice; or
(b) believes that the person will be injured by a discriminatory housing practice that is
about to occur.
[
(2)
] 
(3)
 "Commission" means the Labor Commission.
[
(3)
] 
(4)
 "Complainant" means an aggrieved person, including the director, who has
commenced a complaint with the division.
[
(4)
] 
(5)
 "Conciliation" means the attempted resolution of [
issues
] 
an issue
 raised [
by
]
in
 a complaint of discriminatory housing practices by the investigation of the complaint
through informal negotiations involving the complainant, the respondent, and the division.
[
(5)
] 
(6)
 "Conciliation agreement" means a written agreement setting forth the
resolution of the issues in conciliation.
[
(6)
] 
(7)
 "Conciliation conference" means the attempted resolution of [
issues
] 
an issue
raised [
by
] 
in
 a complaint or by the investigation of a complaint through informal negotiations
involving the complainant, the respondent, and the division. The conciliation conference is not
subject to Title 63G, Chapter 4, Administrative Procedures Act.
[
(7)
] 
(8)
 "Covered multifamily [
dwellings"
] 
dwelling"
 means:
(a) [
buildings
] 
a building
 consisting of four or more dwelling units if the [
buildings
have
] 
building has
 one or more elevators; and
(b) 
the
 ground floor units in other buildings consisting of four or more dwelling units.
[
(8)
] 
(9)
 "Director" means the director of the division or a designee.
[
(9)
] 
(10)
 (a) "Disability" means a physical or mental impairment that substantially
limits one or more of a person's major life activities, including a person having a record of such
an impairment or being regarded as having such an impairment.
(b) "Disability" does not include current illegal use of, or addiction to, any federally
controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C.
Sec. 802.
[
(10)
] 
(11)
 "Discriminate" includes segregate or separate.
[
(11)
] 
(12)
 "Discriminatory housing practice" means an act that is unlawful under this
chapter.
[
(12)
] 
(13)
 "Division" means the Division of Antidiscrimination and Labor established
under the commission.
[
(13) (a)
] 
(14)
 "Dwelling" means [
any
]
:
(a) a
 building or structure, or a portion of a building or structure, occupied as, [
or
]
designed 
as,
 or intended for occupancy as[
,
] a residence of one or more families[
.
]
; or
(b) [
"Dwelling" also includes
] vacant land that is offered for sale or lease for the
construction or location of a dwelling as described in Subsection [
(13)
] 
(14)
(a).
[
(14)
] 
(15)
 (a) "Familial status" means one or more individuals who have not attained
the age of 18 years being domiciled with:
(i) a parent or another person having legal custody of the [
individual
] 
one
 or 
more
individuals; or
(ii) the designee of the parent or other person having custody, with the written
permission of the parent or other person.
(b) The protections afforded against discrimination on the basis of familial status
[
shall
] apply to [
any
] 
a
 person who:
(i) is pregnant;
(ii) is in the process of securing legal custody of any individual who has not attained
the age of 18 years; or
(iii) is a single individual.
(16) "Gender identity" has the meaning provided in the Diagnostic and Statistical
Manual (DSM-5). A person's gender identity can be shown by providing evidence, including,
but not limited to, medical history, care or treatment of the gender identity, consistent and
uniform assertion of the gender identity, or other evidence that the gender identity is sincerely
held, part of a person's core identity, and not being asserted for an improper purpose.
[
(15)
] 
(17)
 "National origin" means the place of birth of an individual or of any lineal
ancestors.
[
(16)
] 
(18)
 "Person" includes one or more individuals, corporations, limited liability
companies, partnerships, associations, labor organizations, legal representatives, mutual
companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in
cases under the United States Bankruptcy Code, receivers, and fiduciaries.
[
(17)
] 
(19)
 "Presiding officer" has the same meaning as provided in Section
63G-4-103
.
[
(18)
] 
(20)
 "Real estate broker" or "salesperson" means a principal broker, an associate
broker, or a sales agent as those terms are defined in Section 
61-2f-102
.
[
(19)
] 
(21)
 "Respondent" means a person against whom a complaint of housing
discrimination has been initiated.
[
(20)
] 
(22)
 "Sex" means gender and includes pregnancy, childbirth, and disabilities
related to pregnancy or childbirth.
(23) "Sexual orientation" means an individual's actual or perceived orientation as
heterosexual, homosexual, or bisexual.
[
(21)
] 
(24)
 "Source of income" means the verifiable condition of being a recipient of
federal, state, or local assistance, including medical assistance, or of being a tenant receiving
federal, state, or local subsidies, including rental assistance or rent supplements.
Section 12. Section 
57-21-2.5
 is enacted to read:
 57-21-2.5.
Supremacy over local regulations -- No special class created for other
purposes.
(1) This chapter supersedes and preempts any ordinance, regulation, standard, or other
legal action by a local government entity, a state entity, or the governing body of a political
subdivision that relates to the prohibition of discrimination in housing.
(2) This chapter shall not be construed to create a special or protected class for any
purpose other than housing.
Section 13. Section 
57-21-2.7
 is enacted to read:
 57-21-2.7.
Nonseverability.
This bill is the result of the Legislature's balancing of competing interests. 
Accordingly, if any phrase, clause, sentence, provision, or subsection enacted or amended in
this chapter by this bill is held invalid in a final judgment by a court of last resort, the
remainder of the enactments and amendments of this bill affecting this chapter shall be thereby
rendered without effect and void.
Section 14. Section 
57-21-3
 is amended to read:
57-21-3.
Exemptions -- Sale by private individuals -- Nonprofit organizations --
Noncommercial transactions.
(1) This chapter does not apply to [
any
] 
a
 single-family dwelling unit sold or rented by
its owner if:
(a) the owner is not a partnership, association, corporation, or other business entity;
(b) the owner does not own [
any
] 
an
 interest in four or more single-family dwelling
units held for sale or lease at the same time;
(c) during a 24-month period, the owner does not sell two or more single-family
dwelling units in which the owner was not residing or was not the most recent resident at the
time of sale;
(d) the owner does not retain or use the facilities or services of [
any
] 
a
 real estate
broker or salesperson; and
(e) the owner does not use [
any
] 
a
 discriminatory housing practice under Subsection
57-21-5
(2) in the sale or rental of the dwelling.
(2) This chapter does not apply to a 
dwelling or a
 temporary or permanent residence
facility [
operated by a nonprofit or charitable organization, including any dormitory operated
by a public or private educational institution,
] if
:
(a)
 the discrimination is by sex
, sexual orientation, gender identity,
 or familial status
for reasons of personal modesty or privacy
,
 or in the furtherance of a religious institution's free
exercise of religious rights under the First Amendment of the United States Constitution[
.
] 
or
the Utah Constitution; and
(b) the dwelling or the temporary or permanent residence facility is:
(i) operated by a nonprofit or charitable organization;
(ii) owned by, operated by, or under contract with a religious organization, a religious
association, a religious educational institution, or a religious society;
(iii) owned by, operated by, or under contract with an affiliate of an entity described in
Subsection (2)(b)(ii); or
(iv) owned by or operated by a person under contract with an entity described in
Subsection (2)(b)(ii).
(3) This chapter, except for Subsection 
57-21-5
(2), does not apply to the rental of a
room in [
the
] 
a single-family
 dwelling by an owner-occupant of [
a
] 
the
 single-family dwelling
to another person if
:
(a)
 the dwelling is designed for occupancy by four or fewer families[
,
]
;
 and
(b)
 the owner-occupant resides in one of the units.
[
(4) This chapter does not prohibit a religious organization, association, or society, or
any nonprofit institution or organization operated, supervised, or controlled by or in
conjunction with a religious organization, association, or society, from
]
(4) (a) (i) Unless membership in a religion is restricted by race, color, sex, or national
origin, this chapter does not prohibit an entity described in Subsection (4)(a)(ii) from:
(A)
 limiting the sale, rental, or occupancy of [
dwellings it
] 
a dwelling or temporary or
permanent residence facility the entity
 owns or operates for primarily noncommercial purposes
to persons of the same religion[
,
]
;
 or [
from giving preference to such persons, unless
membership in the religion is restricted by race, color, sex, or national origin.
]
(B) giving preference to persons of the same religion when selling, renting, or selecting
occupants for a dwelling, or a temporary or permanent residence facility, the entity owns or
operates for primarily noncommercial purposes.
(ii) The following entities are entitled to the exemptions described in Subsection
(4)(a)(i):
(A) a religious organization, association, or society; or
(B) a nonprofit institution or organization operated, supervised, or controlled by or in
conjunction with a religious organization, association, or society.
(b) (i) This chapter does not prohibit an entity described in Subsection (4)(b)(ii) from:
(A) limiting the sale, rental, or occupancy of a dwelling, or a temporary or permanent
residence facility, the entity owns or operates to persons of a particular religion, sex, sexual
orientation, or gender identity; or
(B) giving preference to persons of a particular religion, sex, sexual orientation, or
gender identity when selling, renting, or selecting occupants for a dwelling, or a temporary or
permanent residence facility, the entity owns or operates.
(ii) The following entities are entitled to the exemptions described in Subsection
(4)(b)(i):
(A) an entity described in Subsection (4)(a)(ii); and
(B) a person who owns a dwelling, or a temporary or permanent residence facility, that
is under contract with an entity described in Subsection (4)(a)(ii).
(5) [
This
] 
(a) If the conditions of Subsection (5)(b) are met, this
 chapter does not
prohibit a private club not open to the public, including [
fraternities and sororities
] 
a fraternity
or sorority
 associated with [
institutions
] 
an institution
 of higher education, from
:
(i)
 limiting the rental or occupancy of lodgings to members
;
 or [
from
]
(ii)
 giving preference to its members[
, but only if it
]
.
(b) This Subsection (5) applies only if the private club
 owns or operates the lodgings as
an incident to its primary purpose and not for a commercial purpose.
(6) This chapter does not prohibit distinctions based on inability to fulfill the terms and
conditions, including financial obligations, of a lease, rental agreement, contract of purchase or
sale, mortgage, trust deed, or other financing agreement.
(7) This chapter does not prohibit [
any
] 
a
 nonprofit educational institution from:
(a) requiring its single students to live in [
housing approved, operated, or owned by the
institution
] 
a dwelling, or a temporary or permanent residence facility, that is owned by,
operated by, or under contract with the nonprofit educational institution
;
(b) segregating [
housing that the institution approves, operates, or owns
] 
a dwelling, or
a temporary or permanent residence facility, that is owned by, operated by, or under contract
with the nonprofit educational institution
 on the basis of sex or familial status or both
:
(i)
 for reasons of personal modesty or privacy[
,
]
;
 or
(ii)
 in the furtherance of a religious institution's free exercise of religious rights under
the First Amendment of the United States Constitution 
or the Utah Constitution
; or
(c) otherwise assisting [
others
] 
another person
 in making [
sex-segregated housing
] 
a
dwelling, or a temporary or permanent residence facility,
 available to students 
on a
sex-segregated basis
 as may be permitted by
:
(i)
 regulations implementing the federal Fair Housing Amendments Act of 1988 [
and
]
;
(ii)
 Title IX of the Education Amendments of 1972[
.
]
; or
(iii) other applicable law.
(8) This chapter does not prohibit any reasonable local, state, or federal [
restrictions
]
restriction
 regarding the maximum number of occupants permitted to occupy a dwelling.
(9) [
The provisions pertaining
] 
A provision of this chapter that pertains
 to familial
status [
do
] 
does
 not apply to the existence, development, sale, rental, advertisement, or
financing of [
any
] 
an
 apartment complex, condominium, or other housing development
designated as housing for older persons, as defined by Title VIII of the Civil Rights Act of
1968, as amended.
Section 15. Section 
57-21-5
 is amended to read:
57-21-5.
Discriminatory practices enumerated -- Protected persons, classes
enumerated.
(1) It is a discriminatory housing practice to do any of the following because of a
person's race, color, religion, sex, national origin, familial status, source of income, [
or
]
disability
, sexual orientation, or gender identity
:
(a) 
(i)
 refuse to sell or rent after the making of a bona fide offer[
,
]
;
(ii)
 refuse to negotiate for the sale or rental[
,
]
;
 or
(iii)
 otherwise deny or make unavailable [
any
] 
a
 dwelling from any person;
(b) discriminate against [
any
] 
a
 person in the terms, conditions, or privileges
:
(i)
 of the sale or rental of [
any
] 
a
 dwelling
;
 or
(ii)
 in providing facilities or services in connection with the dwelling; or
(c) represent to [
any
] 
a
 person that [
any
] 
a
 dwelling is not available for inspection, sale,
or rental when [
in fact
] the dwelling is available.
(2) It is a discriminatory housing practice to make a representation orally or in writing
or make, print, circulate, publish, post, or cause to be made, printed, circulated, published, or
posted any notice, statement, or advertisement, or to use any application form for the sale or
rental of a dwelling, that directly or indirectly expresses any preference, limitation, or
discrimination based on race, color, religion, sex, national origin, familial status, source of
income, [
or
] disability, 
sexual orientation, or gender identity,
 or expresses any intent to make
any such preference, limitation, or discrimination.
(3) It is a discriminatory housing practice to induce or attempt to induce, for profit,
[
any
] 
a
 person to buy, sell, or rent [
any
] 
a
 dwelling by making [
representations
] 
a
representation
 about the entry or prospective entry into the neighborhood of persons of a
particular race, color, religion, sex, national origin, familial status, source of income, [
or
]
disability
, sexual orientation, or gender identity
.
(4) A discriminatory housing practice includes:
(a) a refusal to permit, at the expense of the person with a disability, reasonable
modifications of existing premises occupied or to be occupied by the person if the
modifications are necessary to afford that person full enjoyment of the premises, except that in
the case of a rental, the landlord, where it is reasonable to do so, may condition permission for
a modification on the renter agreeing to restore the interior of the premises, when reasonable, to
the condition that existed before the modification, reasonable wear and tear excepted;
(b) a refusal to make 
a
 reasonable [
accommodations in rules, policies, practices, or
services when the accommodations
] 
accommodation in a rule, policy, practice, or service when
the accommodation
 may be necessary to afford the person equal opportunity to use and enjoy a
dwelling; and
(c) in connection with the design and construction of covered multifamily dwellings for
first occupancy after March 13, 1991, a failure to design and construct [
those
] 
the covered
multifamily
 dwellings in a manner that:
(i) the 
covered multifamily
 dwellings have at least one building entrance on an
accessible route, unless it is impracticable to have one because of the terrain or unusual
characteristics of the site; and
(ii) with respect to 
covered multifamily
 dwellings with a building entrance on an
accessible route:
(A) the public use and common use portions of the 
covered multifamily
 dwelling are
readily accessible to and usable by a person with a disability;
(B) all the doors designed to allow passage into and within the 
covered multifamily
dwellings are sufficiently wide to allow passage by a person with a disability who is in a
wheelchair; and
(C) all premises within [
these
] 
the covered multifamily
 dwellings contain the following
features of adaptive design:
(I) an accessible route into and through the 
covered multifamily
 dwelling;
(II) light switches, electrical outlets, thermostats, and other environmental controls in
accessible locations;
(III) reinforcements in the bathroom walls to allow later installation of grab bars; and
(IV) kitchens and bathrooms such that an individual in a wheelchair can maneuver
about and use the space.
(5) This section also applies to discriminatory housing practices because of race, color,
religion, sex, national origin, familial status, source of income, [
or
] disability
, sexual
orientation, or gender identity
 based upon a person's association with another person.
Section 16. Section 
57-21-6
 is amended to read:
57-21-6.
Discriminatory housing practices regarding residential real
estate-related transactions -- Discriminatory housing practices regarding the provisions
of brokerage services.
(1) 
(a)
 It is a discriminatory housing practice for [
any
] 
a
 person whose business
includes engaging in residential real estate-related transactions to discriminate against [
any
] 
a
person in making available [
such
] a 
residential real estate-related
 transaction, or in the terms or
conditions of the 
residential real estate-related
 transaction, because of race, color, religion, sex,
disability, familial status, source of income, [
or
] national origin
, sexual orientation, or gender
identity
.
(b)
 Residential real estate-related transactions include:
[
(a)
] 
(i)
 making or purchasing loans or providing other financial assistance:
[
(i)
] 
(A)
 for purchasing, constructing, improving, repairing, or maintaining a dwelling;
or
[
(ii)
] 
(B)
 secured by residential real estate; or
[
(b)
] 
(ii)
 selling, brokering, or appraising residential real property.
(2) It is a discriminatory housing practice to
, because of race, color, religion, sex,
disability, familial status, source of income, national origin, sexual orientation, or gender
identity:
(a)
 deny [
any
] 
a
 person access to, or membership or participation in, [
any
] 
a
multiple-listing service, real estate brokers' organization, or other service, organization, or
facility relating to the business of selling or renting dwellings
;
 or [
to
]
(b)
 discriminate against [
any
] 
a
 person in the terms or conditions of access,
membership, or participation in the organization, service, or facility [
because of race, color,
religion, sex, disability, familial status, source of income, or national origin
].
(3) This section also applies to 
a
 discriminatory housing [
practices
] 
practice
 because of
race, color, religion, sex, national origin, familial status, source of income, [
or
] disability
,
sexual orientation, or gender identity
 based upon a person's association with another person.
Section 17. Section 
57-21-7
 is amended to read:
57-21-7.
Prohibited conduct -- Aiding or abetting in discriminatory actions --
Obstruction of division investigation -- Reprisals.
(1) It is a discriminatory housing practice to do any of the following:
(a) coerce, intimidate, threaten, or interfere with [
any
] 
a
 person:
(i) in the exercise or enjoyment of [
any
] 
a
 right granted or protected under this chapter;
(ii) because that person exercised [
any
] 
a
 right granted or protected under this chapter;
or
(iii) because that person aided or encouraged any other person in the exercise or
enjoyment of [
any
] 
a
 right granted or protected under this chapter;
(b) aid, abet, incite, compel, or coerce a person to engage in [
any of the practices
] 
a
practice
 prohibited by this chapter;
(c) attempt to aid, abet, incite, compel, or coerce a person to engage in [
any of the
practices
] 
a practice
 prohibited by this chapter;
(d) obstruct or prevent [
any
] 
a
 person from complying with this chapter, or any order
issued under this chapter;
(e) resist, prevent, impede, or interfere with the director or [
any division employees or
representatives
] 
a division employee or representative
 in the performance of duty under this
chapter; or
(f) engage in [
any
] 
a
 reprisal against [
any
] 
a
 person because that person:
(i) opposed a practice prohibited under this chapter; or
(ii) filed a complaint, testified, assisted, or participated in any manner in [
any
] 
an
investigation, proceeding, or hearing under this chapter.
(2) This section also applies to discriminatory housing practices because of race, color,
religion, sex, national origin, familial status, source of income, [
or
] disability
, sexual
orientation, or gender identity
 based upon a person's association with another person.
Section 18. Section 
57-21-12
 is amended to read:
57-21-12.
Other rights of action.
(1) In addition to the procedure outlined in Subsection 
57-21-9
(1), a person aggrieved
by a discriminatory housing practice may commence a private civil action in a court of
competent jurisdiction within two years after an alleged discriminatory housing practice
occurred, within two years after the termination of an alleged discriminatory housing practice,
or within two years after a breach of a conciliation agreement. The division shall inform the
aggrieved person in writing about this option within 30 days after the aggrieved person files a
complaint under Section 
57-21-9
.
(2) (a) Except as provided in Subsection (2)(b), the computation of this two-year time
period does not include any time during which an administrative proceeding under this chapter
was pending with respect to a complaint filed under this chapter.
(b) The tolling of the two-year time period does not apply to actions arising from a
breach of a conciliation agreement.
(3) An aggrieved person may commence a private civil action even though a complaint
has been filed with the division, in which case the division is barred from continuing or
commencing any adjudicative proceeding in connection with the same claims under this
chapter after:
(a) the beginning of a civil action brought by a complainant or aggrieved person; or
(b) the parties have reached an agreement in settlement of claims arising from the
complaint.
(4) An aggrieved person may not file a private civil action under this section if:
(a) the division has obtained a conciliation agreement, except for the purpose of
enforcing the terms of the conciliation agreement; or
(b) a formal adjudicative hearing has been commenced under Section 
57-21-10
regarding the same complaint.
(5) Upon written application by a person alleging a discriminatory housing practice
prohibited under this chapter in a private civil action, or by a person against whom the
violations are alleged, the court may:
(a) appoint an attorney for the applicant; and
(b) authorize the commencement or continuation of a private civil action without the
payment of fees, costs, or security if, in the opinion of the court, the applicant is financially
unable to bear the costs of the civil action.
(6) Upon timely application, the division may intervene in a private civil action
brought under this subsection if the division certifies that the case is of general importance.
(7) In a private civil action, if the court finds that a discriminatory housing practice has
occurred or is about to occur, the court may:
(a) order the respondent to cease any discriminatory housing practice;
(b) award to the plaintiff actual damages, punitive damages
,
 and reasonable [
attorneys'
]
attorney
 fees and costs; and
(c) grant, as the court considers appropriate, any permanent or temporary injunction,
temporary restraining order, or other order as may be appropriate, including civil penalties
under Section 
57-21-11
.
(8) This chapter does not preclude any private right of action by an aggrieved person
based on otherwise applicable law not included in this chapter.
Section 19. 
Revisor instructions.
The Legislature intends that the Office of Legislative Research and General Counsel, in
preparing the Utah Code database for publication, modify the language in Sections
34A-5-102.7
 and 
57-21-2.7
 from "this bill" to the bill's designated chapter number in the Laws
of Utah.