34A-6-203 - Discharge or discrimination against employee prohibited. - Utah Statutes

34A-6-203. Discharge or discrimination against employee prohibited.
(1) A person may not discharge or in any manner discriminate against any employeebecause:
(a) the employee has filed any complaint or instituted or caused to be instituted anyproceedings under or related to this chapter;
(b) the employee has testified or is about to testify in any proceeding; or
(c) the employee has exercised any right granted by this chapter on behalf of the employeeor others.
(2) (a) Any employee who believes that the employee has been discharged or otherwisediscriminated against by any person in violation of this section may, within 30 days after theviolation occurs, file a complaint with the division in the commission alleging discrimination.
(b) (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 thisSubsection (2).
(c) If the investigator reports a violation and the employer requests a hearing on thealleged violation, the Division of Adjudication shall hold an evidentiary hearing to determine ifprovisions of this section have been violated.
(d) (i) If the Division of Adjudication determines that a violation has occurred, it mayorder:
(A) the violation to be restrained; and
(B) all appropriate relief, including reinstatement of the employee to the employee'sformer position with back pay.
(ii) A determination under this Subsection (2)(d) may be appealed in accordance withSection 34A-6-304.

Renumbered and Amended by Chapter 375, 1997 General Session