Utah: Expanded Employee Religious Expression Protections

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APPLIES TO

All Employers with Employees in UT

EFFECTIVE

May 1, 2024

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Quick Look

  • Private and private employers must provide religious accommodation to employees for actions that conflict with their sincerely held religious beliefs unless it would be an undue burden on the employer.

Discussion

The Utah legislature recently expanded religious expression protections for employees in both the private and public sectors.

 

First, HB 396 expands religious expression protections for employees of private employers. Specifically, an employer cannot compel an employee to engage in religiously objectionable expression that the employee reasonably believes would burden or offend the employee’s sincerely held religious beliefs, unless accommodating the employee would cause an undue burden to the employer. A “religiously objectionable expression” means expression, action, or inaction that burdens or offends a sincerely held religious belief, including dress and grooming requirements, speech, scheduling, prayer, and abstention, including abstentions relating to healthcare.

 

Employees may request a reasonable accommodation under this provision, and an employer must have a reasonable opportunity to provide the accommodation. Scheduling accommodations are not required for employers with fewer than 15 employees.

 

Second, HB 460 provides that a governmental entity may not deny an employee’s reasonable request to be relieved from performing a certain task if: (i) performing the task would conflict with the employee’s sincerely held religious beliefs or conscience; (ii) the employee provides a timely written request to be relieved from the task, including an explanation as to why the task would conflict with the employee’s sincerely held religious beliefs or conscience; and (iii) relieving the employee from the task would not impose an undue hardship on the governmental entity. A response to the request is due no later than 5 days before the task is to be performed. Denial of the request must include a written explanation and a notice of employee rights.

 

Employers must take care when addressing these requests to the extent that they may conflict with other employee rights. Employers should consult with legal counsel before granting or denying accommodations under these new laws.

 

Action Items

  1. Have religious accommodation procedures updated.
  2. Update religious accommodation policies, including a description of the process through which an accommodation may be requested and any associated rights or appeals.
  3. Have appropriate personnel trained on the new requirements.

 

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2024 ManagEase