Key Provisions:What happened?

On March 26, 2025, Governor Spencer J. Cox signed Utah SB 86 into law, which amends provisions related to employment, specifically focusing on definitions and protections against workplace discrimination and harassment.

Overview:

Employer considerations:

• Policy Updates: Private employers must update their workplace policies to comply with the new definitions and protections.

• Training Programs: Employers should implement training programs that address the expanded definitions of harassment and discrimination.

Key Provisions:

• Amendments to Definitions:
  
  • Sexual Harassment: Expanded to include harassment based on sex, sexual orientation, or gender identity.
  • Gender Identity: Defined according to the DSM-5, with evidence including medical history, care or treatment, consistent assertion, or other sincere evidence.
  • Employer: This section clarifies entities considered employers and exceptions, such as religious organizations and the Boy Scouts of America.

• Amendments to Definitions:
  
  • Sexual Harassment: Expanded to include harassment based on sex, sexual orientation, or gender identity.
  • Gender Identity: Defined according to the DSM-5, with evidence including medical history, care or treatment, consistent assertion, or other sincere evidence.
  • Employer: This section clarifies entities considered employers and exceptions, such as religious organizations and the Boy Scouts of America.

• Employee Protections:
  
  • Withdrawal from Settlement: Employees can withdraw from settlement agreements containing confidentiality clauses within three business days.
  • Liability for Enforcement: Employers attempting to enforce such clauses are liable for legal costs and cannot claim monetary damages.

Source References

• S.B. 86 Workplace Protection Amendments
• Gov. Cox signs 100 bills in the 2025 General Legislative Session

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