Q: What are basic antidiscrimination guidelines my employer must follow?
Q: Where can I go if I have a concern about discrimination issues?
Q: What are the most common discrimination mistakes employers make?
Q: Can my employer require that I speak English?
Q: Will an employer be accused of discrimination if it encourages or requires English as a second language training or courses?
Q: What are basic antidiscrimination guidelines my employer must follow?
A: The Utah Antidiscrimination Act of 1965, found at Utah Code Annotated, Title 34A Chapter 5, prohibits employment discrimination on the basis of race, color, national origin, gender, religion, age, and disability. Utah's law also prohibits employment discrimination on the basis of pregnancy, childbirth, or pregnancy related conditions. Employment Discrimination receives, mediates (for early resolution), investigates, and resolves charges of employment discrimination.
Q: Where can I go if I have a concern about discrimination issues?
A: The Utah Antidiscrimination and Labor Division acts as a resource to employees and employers concerning laws which prohibit employment discrimination, conducts seminars, and utilizes other teaching methods to make employers aware of conditions which lead to employment discrimination. Contact the UALD at the Utah Labor Commission.
Q: What are the most common discrimination mistakes employers make?
A: Employers tend to make mistakes with discrimination when they fail to apply policies consistently to all employees. Other common problems arise when employers fail to appropriately accommodate those who may be substantially limited in a major life activity. (ADA regulations must be consulted). In general, there is less chance of discrimination when a company policy or procedure is mandatory and consistently applied to all employees.
Q: Can my employer require that I speak English?
A: An employer may legitimately require the ability to speak English as part of a job requirement so long as it is essential to and related to that specific position. Therefore, if for the safety of the employee, a certain level of proficiency in English is required to perform that job, an employer is not required to provide safety training or materials in languages other than English. That said, it is a good business practice to assure that those who may not be as proficient in English have materials available to them in such a way that safety requirements are clearly communicated.
Q: Will an employer be accused of discrimination if it encourages or requires English as a second language training or courses?
A: Encouraging English as a second language training or courses is not discriminatory. English-only restrictions are typically considered unlawfully discriminatory if they restrict personal conversations or restrict persons during lunch or break times from speaking languages other than English. An employer may require employees to speak English where it is job-related—such as in dealing with customers or in work-related conversations where English is necessary to perform the job. Where an employer may choose to use language proficiency testing as a basis for terminating an employee, the employer may wish to consult with their legal counsel to assure that testing policies are business-related and consistent with the law. That said, many Utah companies have found success in offering voluntary English language training. To avoid discrimination, however, employers must take caution to ensure that employees understand that participating in English language training is voluntary.
Links:
Utah Antidiscrimination and Labor Division
www.laborcommission.utah.gov
