34A-6-203. Discharge or retaliation against employee prohibited.

471 words·~2 min read·/ut/title-34a/chapter-6/34a-6-203

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

Effective 5/10/2016

(1)A person may not discharge or in any way retaliate against an employee because the employee:

(a)files a complaint or institutes or causes to be instituted a proceeding under or related to this chapter;

(b)testifies or is about to testify in any proceeding under or related to this chapter; or

(c)exercises a right granted by this chapter on behalf of the employee or others.

(a)An employee who believes that the employee has been discharged or otherwise retaliated against by any person in violation of this section may, within 30 days after the violation occurs, file a complaint with the division alleging discharge or retaliation in violation of this section.

(i)Upon receipt of the complaint, the division shall cause an investigation to be made.

(ii)The division may employ investigators as necessary to carry out the purpose of this Subsection

(2).

(c)Upon completion of the investigation, the division shall issue an order:

(A)finding a violation of this section has occurred;

(B)requiring that the violation cease; and

(C)which may include other appropriate relief, such as reinstatement of the employee to the employee's former position with back pay; or

(ii)finding that a violation of the section has not occurred.

(d)An order issued under Subsection (2)(c) is the final order of the commission unless a party to the claim of a violation of this section seeks further review as provided in Subsection

(3).

(a)A party to a claim of a violation of this section may seek review of the order issued under Subsection (2)(c) within 30 days from the date the order is issued by filing a request for review with the Division of Adjudication.

(b)The request for review shall comply with Subsection 63G-4-301(1) .

(c)If the request for review is made, the Division of Adjudication shall conduct a de novo review of the underlying order.

(d)If the request for review is based on a finding that a violation of this section occurred, the division shall appear in the review proceeding to defend the division's finding.

(e)If the request for review is based on a finding that a violation of this section did not occur, the division may not participate in the review proceeding.

(i)If the Division of Adjudication determines a violation of this section has occurred, it may order relief as provided in Subsection (2)(c) .

(ii)If the Division of Adjudication determines that a violation of this section has not occurred, it shall issue an order stating the determination.

(4)A party may appeal an order issued by the Division of Adjudication under Subsection (3)(f) in accordance with Subsection 34A-6-304(1) .

Amended by Chapter 67 , 2016 General Session