Utah has enacted legislation (House Bill 396), which expands employer religious accommodation requirements. House Bill 396 is effective immediately.
The details
Background
The Utah Antidiscrimination Act:
- Requires employers to allow employees to express their religious or moral beliefs and commitments in the workplace, provided their expression is in a reasonable, non-disruptive, and non-harassing manner.
- Prohibits employers from retaliating against employees who express religious beliefs outside the workplace (unless the employee’s expression directly conflicts with the employer’s essential business-related interests).
House Bill 396
House Bill 396 expands employees’ religious protections in the workplace by prohibiting employers from making employees engage in religiously objectionable expression (expression that offends or burdens a sincerely held religious belief).
Religiously objectionable expressions can include dress and grooming requirements, speech, work scheduling, prayer, and abstention, including abstentions relating to healthcare.
Requests for accommodation
An employee may request a religious accommodation from their employer when they believe they are being required to engage in a religiously objectionable expression, provided that:
- The employee provides the employer with a reasonable opportunity to make the accommodation after making the request; and
- The accommodation would not:
Note: The law does not require employers with fewer than 15 employees to provide scheduling accommodations.
Next steps
Utah employers should evaluate their religious accommodation policies and procedures to help ensure compliance with House Bill 396.