State Codes and Statutes
Statutes > Utah > Title-34a > Chapter-05 > 34a-5-10234A-5-102. Definitions.
As used in this chapter:
(1) "Apprenticeship" means a program for the training of apprentices including aprogram providing the training of those persons defined as apprentices by Section 35A-6-102.
(2) "Bona fide occupational qualification" means a characteristic applying to anemployee:
(a) that is necessary to the operation; or
(b) is the essence of the employee's employer's business.
(3) "Court" means:
(a) the district court in the judicial district of the state in which the asserted unfairemployment practice occurred; or
(b) if this court is not in session at that time, a judge of the court described in Subsection(3)(a).
(4) "Director" means the director of the division.
(5) "Disability" means a physical or mental disability as defined and covered by theAmericans with Disabilities Act of 1990, 42 U.S.C. 12102.
(6) "Division" means the Division of Antidiscrimination and Labor.
(7) "Employee" means any person applying with or employed by an employer.
(8) (a) "Employer" means:
(i) the state;
(ii) any political subdivision;
(iii) a board, commission, department, institution, school district, trust, or agent of thestate or its political subdivisions; or
(iv) a person employing 15 or more employees within the state for each working day ineach of 20 calendar weeks or more in the current or preceding calendar year.
(b) "Employer" does not include:
(i) a religious organization or association;
(ii) a religious corporation sole; or
(iii) any corporation or association constituting a wholly owned subsidiary or agency ofany religious organization or association or religious corporation sole.
(9) "Employment agency" means any person:
(a) undertaking to procure employees or opportunities to work for any other person; or
(b) holding itself out to be equipped to take an action described in Subsection (9)(a).
(10) "Joint apprenticeship committee" means any association of representatives of a labororganization and an employer providing, coordinating, or controlling an apprentice trainingprogram.
(11) "Labor organization" means any organization that exists for the purpose in whole orin part of:
(a) collective bargaining;
(b) dealing with employers concerning grievances, terms or conditions of employment;or
(c) other mutual aid or protection in connection with employment.
(12) "National origin" means the place of birth, domicile, or residence of an individual orof an individual's ancestors.
(13) "On-the-job-training" means any program designed to instruct a person who, while
learning the particular job for which the person is receiving instruction:
(a) is also employed at that job; or
(b) may be employed by the employer conducting the program during the course of theprogram, or when the program is completed.
(14) "Person" means one or more individuals, partnerships, associations, corporations,legal representatives, trusts or trustees, receivers, the state and all political subdivisions andagencies of the state.
(15) "Presiding officer" means the same as that term is defined in Section 63G-4-103.
(16) "Prohibited employment practice" means a practice specified as discriminatory, andtherefore unlawful, in Section 34A-5-106.
(17) "Retaliate" means the taking of adverse action by an employer, employment agency,labor organization, apprenticeship program, on-the-job training program, or vocational schoolagainst one of its employees, applicants, or members because the employee, applicant, ormember:
(a) has opposed any employment practice prohibited under this chapter; or
(b) filed charges, testified, assisted, or participated in any way in any proceeding,investigation, or hearing under this chapter.
(18) "Vocational school" means any school or institution conducting a course ofinstruction, training, or retraining to prepare individuals to follow an occupation or trade, or topursue a manual, technical, industrial, business, commercial, office, personal services, or othernonprofessional occupations.
Amended by Chapter 382, 2008 General Session
