Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 86 (2025GS)

Sponsor

Sen. Plumb, Jen

Final action

Governor Signed 3/26/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• reduces the number of employees a person may employ before being considered an employer subject to the Utah Antidiscrimination Act for employment; and
• amends the definition of sexual harassment.

Every vote on this bill

Bill text

14
34A-5-102
34A-5-114
34A-5-102
34A-5-114
0
Workplace Protection Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jen Plumb
House Sponsor: Andrew Stoddard
LONG TITLE
General Description:
This bill amends provisions relating to employment.
Highlighted Provisions:
This bill:
amends the definition of sexual harassment.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
34A-5-102
, as last amended by Laws of Utah 2024, Chapter 158
34A-5-114
, as enacted by Laws of Utah 2024, Chapter 95
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 -- Joint employers -- 
Franchisors.
(1)
As used in this chapter:
(a)
"Affiliate" means the same as that term is defined in Section 
16-6a-102
.
(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
.
(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.
(d)
"Court" means a court with jurisdiction under Title 78A, Judiciary and Judicial 
Administration.
(e)
"Director" means the director of the division.
(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.
(g)
"Division" means the Division of Antidiscrimination and Labor.
(h)
"Employee" means a person applying with or employed by an employer.
(i)
(i)
"Employer" means:
(A)
the state;
(B)
a political subdivision;
(C)
a board, commission, department, institution, school district, trust, or agent of 
the state or a political subdivision of the state; or
(D)
a person employing 
15
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, 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)
any corporation or association constituting an affiliate, a wholly owned 
subsidiary, or an agency of any religious organization, religious corporation 
sole, religious association, or religious society; or
(C)
the Boy Scouts of America or its councils, chapters, or subsidiaries.
(j)
"Employment agency" means 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)(j)(i).
(k)
"Federal executive agency" means an executive agency, as defined in 5 U.S.C. Sec. 
105, of the federal government.
(l)
"Franchise" means the same as that term is defined in 16 C.F.R. Sec. 436.1.
(m)
"Franchisee" means the same as that term is defined in 16 C.F.R. Sec. 436.1.
(n)
"Franchisor" means the same as that term is defined in 16 C.F.R. Sec. 436.1.
(o)
"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.
(p)
"Joint apprenticeship committee" means an association of representatives of a labor 
organization and an employer providing, coordinating, or controlling an apprentice 
training program.
(q)
"Labor organization" means 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.
(r)
"National origin" means the place of birth, domicile, or residence of an individual or 
of an individual's ancestors.
(s)
"On-the-job-training" means 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.
(t)
"Person" means:
(i)
one or more individuals, partnerships, associations, corporations, legal 
representatives, trusts or trustees, or receivers;
(ii)
the state; and
(iii)
a political subdivision of the state.
(u)
"Pregnancy, childbirth, or pregnancy-related conditions" includes breastfeeding or 
medical conditions related to breastfeeding.
(v)
"Presiding officer" means the same as that term is defined in Section 
63G-4-103
.
(w)
"Prohibited employment practice" means a practice specified as discriminatory, and 
therefore unlawful, in Section 
34A-5-106
.
(x)
"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.
(y)
"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:
(i)
opposes an employment practice prohibited under this chapter; or
(ii)
files charges, testifies, assists, or participates in any way in a proceeding, 
investigation, or hearing under this chapter.
(z)
"Sexual orientation" means an individual's actual or perceived orientation as 
heterosexual, homosexual, or bisexual.
(aa)
"Undue hardship" means an action that requires significant difficulty or expense 
when considered in relation to factors such as the size of the entity, the entity's 
financial resources, and the nature and structure of the entity's operation.
(bb)
"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.
(cc)
"Vocational school" means 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."
(3)
For purposes of determining whether two or more persons are considered joint 
employers under this chapter, an administrative ruling of a federal executive agency may 
not be considered a generally applicable law unless that administrative ruling is 
determined to be generally applicable by a court of law, or adopted by statute or rule.
(4)
(a)
For purposes of this chapter, a franchisor is not considered to be an employer of:
(i)
a franchisee; or
(ii)
a franchisee's employee.
(b)
With respect to a specific claim for relief under this chapter made by a franchisee or 
a franchisee's employee, this Subsection (4) does not apply to a franchisor under a 
franchise that exercises a type or degree of control over the franchisee or the 
franchisee's employee not customarily exercised by a franchisor for the purpose of 
protecting the franchisor's trademarks and brand.
(5)
Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, a person shall bring an 
action under this chapter in the judicial district in which the asserted unfair employment 
practice occurs if the action is brought in the district court.
Section 2, Section 
34A-5-114
 is amended to read:
34A-5-114
. Limitations on enforceability of nondisclosure and 
non-disparagement clauses -- Retaliation prohibited.
(1)
As used in this section:
(a)
"Confidentiality clause" means a nondisclosure clause or a non-disparagement clause.
(b)
"Employee" means a current or a former employee.
(c)
"Nondisclosure clause" means an agreement between an employee and employer that
:
(i)
prevents, or has the effect of preventing, an employee from disclosing or 
discussing:
(A)
(i)
sexual assault;
(B)
(ii)
allegations of sexual assault;
(C)
(iii)
sexual harassment; or
(D)
(iv)
allegations of sexual harassment.
(d)
"Non-disparagement clause" means an agreement between an employee and 
employer that prohibits, or has the effect of prohibiting, an employee from making a 
negative statement that is:
(i)
about the employer; and
(ii)
related to:
(A)
a claim of sexual assault or sexual harassment;
(B)
a sexual assault dispute; or
(C)
a sexual harassment dispute.
(e)
"Post-employment restrictive covenant" means the same as that term is defined in 
Section 
34-51-102
.
(f)
"Proprietary information" means an employer's business plan or customer 
information.
(g)
"Retaliate" means taking an adverse action against an employee because the 
employee made an allegation of sexual harassment or assault, including:
(i)
discharge;
(ii)
suspension;
(iii)
demotion; or
(iv)
discrimination in the terms, conditions, or privileges of employment.
(h)
"Sexual assault" means:
(i)
conduct that would constitute a violation of 18 U.S.C. Secs. 2241 through 2244; or
(ii)
criminal conduct described in Title 76, Chapter 5, Part 4, Sexual Offenses.
(i)
"Sexual assault dispute" means a dispute between an employer and the employer's 
employee relating to alleged sexual assault.
(j)
"Sexual harassment" means conduct that is a violation of:
(i)
Title VII of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000e et seq.; or
(ii)
Subsection 
34A-5-106
(1)(a)(i) prohibiting harassment on the basis of sex, sexual 
orientation, or gender.
(j)
"Sexual harassment" means harassment on the basis of sex, sexual orientation, or 
gender, as prohibited in:
(i)
Title VII of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000e et seq.; or
(ii)
Subsection 
34A-5-106(1)(a)
(i).
(k)
"Sexual harassment dispute" means a dispute between an employer and the 
employer's employee relating to alleged sexual harassment.
(2)
(a)
A confidentiality clause regarding sexual misconduct, as a condition of 
employment, is against public policy and is void and unenforceable.
(b)
After an employee makes an allegation of sexual harassment or sexual assault, an 
employer of any sized business, regardless of Subsection 
34-5-102(1)(i)(D)
:
(i)
may not retaliate against the employee because the employee made an allegation 
of sexual harassment or assault; or
(ii)
may not retaliate based on an employee's refusal to enter into a confidentiality 
clause or an employment contract that, as a condition of employment, contains a 
confidentiality clause.
(c)
An employee may, within three business days after the day on which the employee 
agrees to a settlement agreement that includes a confidentiality clause regarding 
sexual misconduct, withdraw from the settlement agreement.
(3)
An employer who attempts to enforce a confidentiality clause in violation of this section:
(a)
is liable for all costs, including reasonable attorney fees, resulting from legal action 
to enforce the confidentiality clause; and
(b)
is not entitled to monetary damages resulting from a breach of a confidentiality 
clause.
(4)
This section does not:
(a)
prohibit an agreement between an employee who alleges sexual assault or sexual 
harassment and an employer from containing a nondisclosure clause, a 
non-disparagement clause, or any other clause prohibiting disclosure of:
(i)
the amount of a monetary settlement; or
(ii)
at the request of the employee, facts that could reasonably lead to the 
identification of the employee;
(b)
prohibit an employer from requiring an employee to:
(i)
sign a post-employment restrictive covenant; or
(ii)
agree not to disclose an employer's non-public trade secrets, proprietary 
information, or confidential information that does not involve illegal acts;
(c)
authorize an employee to:
(i)
disclose data otherwise protected by law or legal privilege; or
(ii)
knowingly make statements or disclosures that are false or made with reckless 
disregard of the truth;
(d)
prohibit an employee from discussing sexual misconduct or allegations of sexual 
misconduct in a civil or criminal case when subpoenaed if the sexual misconduct or 
allegations of sexual misconduct are against the individual whom the employee 
alleged engaged in sexual misconduct;
(e)
permit a disclosure that would violate state or federal law; or
(f)
limit other grounds that may exist at law or in equity for the unenforceability of a 
confidentiality clause.
Section 3. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-14-25 2:38 PM