34A-5-112. Religious liberty protections -- Expressing beliefs and commitments in workplace -- Prohibition on employment actions against certain employee speech.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/1/2024

(1)As used in this section, "religiously objectionable expression" means expression, action, or inaction that burdens or offends a sincerely held religious belief, including dress and grooming requirements, speech, scheduling, prayer, and abstention, including abstentions relating to healthcare.

(2)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.

(3)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.

(4)An employer may not compel an employee to engage in religiously objectionable expression that the employee reasonably believes would burden or offend the employee's sincerely held religious beliefs, unless accommodating the employee would cause an undue burden to the employer by substantially interfering with the employer's:

(a)core mission or the employer's ability to conduct business in an effective or financially reasonable manner; or

(b)ability to provide training and safety instruction for the job.

(5)To receive an accommodation under this section, an employee shall:

(a)request that the employer comply with the provisions of this section by granting the employee an accommodation; and

(b)after making a request as described in Subsection (5)(a), provide an employer with a reasonable opportunity to accommodate the employee.

(6)This section does not require an employer to grant an employee a scheduling accommodation if the employer has fewer than 15 employees.

Amended by Chapter 411 , 2024 General Session