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Utah Amends Laws to Allow Women to Breastfeed in Any Place of Public Accommodation

05/03/18

Author: ADP Admin/Tuesday, May 1, 2018/Categories: Compliance Corner

Overview: Utah amends its civil rights law to prohibit discrimination based on pregnancy in places of public accommodation. The amendment also creates the Utah Breastfeeding Protecting Act, which provides that a woman may breastfeed in any place of public accommodation.

Effective Date: 05/08/2018

Details: On March 3, 3018, Utah amended its civil rights law to prohibit discrimination based on pregnancy in business establishments, entities regulated by the state and places of public accommodation.

“Pregnancy" includes pregnancy or a pregnancy-related condition, such as breastfeeding, lactation, or a medical condition related to breastfeeding.

“Place of public accommodation" includes every place, establishment, or facility of whatever kind, nature, or class that caters or offers services, facilities, or goods to the general public for a fee or charge and a place, establishment, or facility that caters or offers services, facilities, or goods to the general public gratuitously if the place, establishment, or facility receives any substantial governmental subsidy or support. “Place of public accommodation” does not include an institution, church, apartment house, club, or place of accommodation that is in nature distinctly private, except to the extent that the institution, church, apartment, house, club, or place of accommodation is open to the public.

Importantly, the amendment also creates the Utah Breastfeeding Protection Act (Act). The Act provides that a woman may breastfeed in any place of public accommodation.

Call to Action: Employers should review and revise, if necessary, any covered unlawful discrimination policies to include pregnancy and related conditions. They should also train HR personnel, as well as managers and supervisors, on the law’s requirements. If applicable, employers should review and revise workplace policies regarding breastfeeding and breaks to determine whether amendments are needed in light of the law’s new requirements. Please contact your service team with any questions.