ut-20261015-R606-1: R606-1. Antidiscrimination

1. Agency Information

Title catchline: Labor Commission, Antidiscrimination and Labor, Antidiscrimination Building: Heber Wells Building Street address: 160 E 300 S City, state: Salt Lake City, UT

2. Contact Persons

Name: Phone: Email: Bonnie LePage 801-530-6800 blepage@utah.gov Chris Hill 801-530-6800 chill@utah.gov Please address questions regarding information on this notice to the persons listed above.

B. Purpose of the new rule or reason for the change:

This rule is amended to meet the needs of the Utah Antidiscrimination and Labor Division (Division).

C. Summary of the new rule or change:

This filing amends the administrative rules enacted under the authority of the Utah Antidiscrimination Act (Act). The changes to this rule remove language found within the Act and updates the filing process to the current process used by the Division. 5. Fiscal Information Provide an estimate and written explanation of the aggregate anticipated cost or savings to:

A. State budget:

There is no anticipated cost or savings associated with the amendment of this rule because this amendment removes language found elsewhere in the Act and updates out-of-date practices to current practices already in place.

B. Local governments:

There is no anticipated cost or savings associated with the amendment of this rule because this amendment removes language found elsewhere in the Act and updates out-of-date practices to current practices already in place.

C. Small businesses ("small business" means a business employing 1-49 persons):

There is no anticipated cost or savings associated with the amendment of this rule because this amendment removes language found elsewhere in the Act and updates out-of-date practices to current practices already in place.

D. Non-small businesses ("non-small business" means a business employing 50 or more persons):

There is no anticipated cost or savings associated with the amendment of this rule because this amendment removes language found elsewhere in the Act and updates out-of-date practices to current practices already in place. UTAH STATE BULLETIN, October 15, 2026, Vol. 2026, No. 20 75 NOTICES OF PROPOSED RULES E. Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency): There is no anticipated cost or savings associated with the amendment of this rule because this amendment removes language found elsewhere in the Act and updates out-of-date practices to current practices already in place.

F. Compliance costs for affected persons:

There is no anticipated cost associated with the amendment of this rule because this amendment removes language found elsewhere in the Act and updates out-of-date practices to current practices already in place. 6. Regulatory Impact Summary Table Enter the cost or savings in the relevant cell. If there is no cost or savings, enter, "$0." If a cost or savings is inestimable, enter, "inestimable." Fiscal Cost FY2027 FY2028 FY2029 FY2030 FY2031 State Budget $0 $0 $0 $0 $0 Local Governments $0 $0 $0 $0 $0 Small Businesses $0 $0 $0 $0 $0 Non-Small Businesses $0 $0 $0 $0 $0 Other Persons $0 $0 $0 $0 $0 Total Fiscal Cost $0 $0 $0 $0 $0 Fiscal Benefits FY2027 FY2028 FY2029 FY2030 FY2031 State Budget $0 $0 $0 $0 $0 Local Governments $0 $0 $0 $0 $0 Small Businesses $0 $0 $0 $0 $0 Non-Small Businesses $0 $0 $0 $0 $0 Other Persons $0 $0 $0 $0 $0 Total Fiscal Benefits $0 $0 $0 $0 $0 Net Fiscal Benefits $0 $0 $0 $0 $0 7. Regulatory Impact Analysis Approval The Commissioner of the Utah Labor Commission, Jaceson Maughan, has reviewed and approved this regulatory impact analysis. 8. Family Impact Information

A. The agency has considered this rule's impact on family health, stability, and formation:

☒ 9. Citation Information Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement: Section 63G-4-102 et seq. Subsection 34A-5-104(1)(b) Subsection 34A-5-107(13) 11. Public Notice Information The public may submit written or oral comments to the agency identified in box 1.

A. Comments will be accepted until: 11/16/2026

12. Effective Date Information This rule change MAY become effective on: 11/23/2026 (NOTE: This is the date the agency anticipates making the filing effective. It is NOT the effective date) 76 UTAH STATE BULLETIN, October 15, 2026, Vol. 2026, No. 20 NOTICES OF PROPOSED RULES 13. Agency Authorization Information Agency head or Jaceson Maughan, Commissioner Date: 10/08/2026 designee and title: R606. Labor Commission,Antidiscrimination and Labor,Antidiscrimination. R606-1. Antidiscrimination. R606-1-1. Authority. This rule [is established pursuant to]enacted under the authority of [Section 34A-5-104]the UtahAntidiscriminationAct Subsections 34A-5-104(1)(b) and 34A-5-107(13). R606-1-2. Definitions. The following definitions are in addition to the statutory definitions specified in the UtahAntidiscriminationAct:[complementary to the statutory definitions specified in Section 34A-5-102, and shall apply to all rules of R606.]

B. "Charging [p]Party" means the person who initiated agency action.

[ C. "Director" means the Director, Division ofAntidiscrimination and Labor.] [ D. "Division" means the Division ofAntidiscrimination and Labor.] [ E. "Disability" is defined in Section 34A-5-102 and is further defined as follows:] [ 1. Being regarded as having a disability is equivalent to being disabled or having a disability.] [ 2. Having a record of an impairment substantially limiting one or more major life activities is equivalent to being disabled or having a disability.] [ 3. Major life activity means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and employment.] [ 4. An individual will be considered substantially limited in the major life activity of employment or working if the individual is likely to experience difficulty in securing, retaining, or advancing in employment because of a disability.] [ 5. Has a record of such an impairment means has a history of, or has been regarded as having, a mental or physical impairment that substantially limits one or more major life activity.] [ 6. Is regarded as having an impairment means:] [ a. has a physical or mental impairment that does not substantially limit major life activities but is treated as constituting such a limitation;] [ b. has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such an impairment; or] [ c. has none of the impairments listed in the definition of physical or mental impairment above but is treated as having such an impairment.] [ F. "He, His, Him, or Himself" shall refer to either sex.] [ G. "Investigator" shall mean the individual designated by the Commission or Director to investigate complaints alleging discriminatory or prohibited employment practices.] [ H. "Qualified disabled individual" means a disabled individual who with reasonable accommodation can perform the essential functions of the job in question.] [ I. "Reasonable accommodation": For the purpose of enforcement of these rules and regulations the following criteria will be utilized to determine a reasonable accommodation.] [ 1. An employer shall make reasonable accommodation to the known physical or mental limitations of an otherwise qualified disabled applicant or employee unless the employer can demonstrate that the accommodation would impose an undue hardship on the operation of its program] [ 2. Reasonable accommodation may include:] [ a. making facilities used by the employees readily accessible to and useable by disabled individuals; and] [ b. job restructuring, modified work schedules, acquisition or modification of equipment or devices, and other similar actions.] [ 3. In determining pursuant to Rule R606-1-2.J.1 whether an accommodation would impose an undue hardship on the operation of an employer, factors to be considered include:] [ a. the overall size of the employer's program with respect to number of employees, number and type of facilities, and size of budget;] [ b. the type of the employer's operation, including the composition and structure of the employer's work force; and] [ c. the nature and cost of the accommodation needed.] [ 4. An employer may not deny an employment opportunity to a qualified disabled employee or applicant if the basis for the denial is the need to make reasonable accommodation to the physical or mental limitations of the employee or applicant.] [ 5. Each complaint will be handled on a case-by-case basis because of the variable nature of disability and potential accommodation.] [ J. "Sexual Harassment" means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:] [ 1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment.] [ 2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual.] [ 3. Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive work environment.] UTAH STATE BULLETIN, October 15, 2026, Vol. 2026, No. 20 77 NOTICES OF PROPOSED RULES R606-1-3. [Procedures--]Request forAgencyAction[ and Investigation File]. [ A. CONTENTS OF REQUEST FORAGENCYACTION] [ A request for agency action as specified in Section 34A-5-107, shall be filed at the Division office on a form designated by the Division. The completed form shall include all information required by Section 63G-4-201(3).

B. FILING OF REQUESTS FORAGENCYACTION

1. A request for agency action must be filed within 180 days after the alleged discriminatory or prohibited employment practice occurred. 2. Arequest for agency action shall be filed either by personal delivery or regular mail addressed to the Division's office in Salt Lake City, Utah. 3. Investigators and any other persons designated by the Division, shall be available to assist in the drafting and filing of requests for agency action at the Division's office during normal business hours.]

A. FilingARequest forAgencyAction -- Designated Forms, Rejection, and Granting

1. ACharging Party or the Charging Party's representative shall initiate a request for agency action by completing and submitting an intake questionnaire electronically through the Division's website. a. AChargingParty ortheCharging Party'srepresentativemaynotfileanintake questionnaire inanymannerotherthan electronically through the Division's website without prior permission from the Division. 2. An intake questionnaire shall include the following: a. Aclear and concise statement of the facts, including pertinent dates, constituting the alleged unlawful employment practices. 3. If the intake questionnaire contains sufficient information to support a charge of discrimination, the Division shall: a. draft a charge of discrimination based on the intake questionnaire; and b. provide the charge of discrimination to the Charging Party or the Charging Party's representative for signature. 4. If the intake questionnaire does not contain sufficient information to support a charge of discrimination, the Division may reject the intake questionnaire. 5. The Division shall use the date the Charging Party or the Charging Party's representative signs the charge of discrimination drafted by the Division as the date of the request for agency action for purposes of Subsection 34A-5-107(1)(c). [ C. RESPONSE/ANSWER TO REQUEST FORAGENCYACTION]

B. Response to Request forAgencyAction, Submission of Evidence, and Response to Initial Requests for Information.

1. The Division shall mail a copy of the charge of discrimination[request for agency action] to the [charging party and the r]Respondent[/employer] within ten [working ]business days of the filing of the request for agency action. 2. The [r]Respondent [must answer]must submit a response to the charge of discrimination in writing within 30 days from the date the Divisionmailedthe charge of discrimination.The Respondent's answer shall address each allegation set forth in the charge of discrimination and include all supporting evidence, attachments, and exhibits. [the allegations of discrimination or prohibited employment practice set out in the request for agency action in writing within thirty(30) days from the date of the request for agency action was sent. ]The response[/answer] andanysupportingevidence,attachments, orexhibitsshallbesubmittedto the Division electronically.[mailed,emailed, orfaxedtothe Division office. Any correspondence sent by email must be sent to the email address specified by the Division.] [ 3. The response must: a. Specifically address each allegation raised in the request for agency action, and b. Be accompanied by any supporting evidence.] 3. Within 30 days of the date the Division mailed the charge of discrimination, the Respondent must answer each initial Request for Information requested by the Division. 4. At the Division's discretion, the Division may grant a request for an extension of the position statement beyond the 30 day limit. Arequest for extension must be made in writing within the 30 day answering period and must state the reason for the request. [4.]5. Failure to respond to a charge of discrimination, as specified in Subsection R606-1-3(B)(2) or failure to respond to the initial request for information, including by objecting to a request, [request for agency action will ]may result in [an]the Division concluding an investigation and [possible]issuing a determination without input or evidence from the Respondent.[non-responsive party.] [ 5. Responses submitted beyond the thirty (30) day time limit described in subsection (2) will not be considered, unless an extension has been granted. Extensions are granted at the sole discretion of the Division and should not be expected.

D. INVESTIGATION

Pursuant to Section 34A-5-104(2)(b) and Section 34A-5-107(3)(b), the Division may, with reasonable notice to the parties, conduct on-site visits, interviews, fact finding conferences, obtain records and other information and take such other action as is reasonably necessary to investigate the request for agency action. Aparty's unjustified failure to cooperate with the Division's reasonable investigative request may result in the Division concluding its investigation based on such other information as is available to the Division.]

C. [E. AMENDMENT OF REQUEST FORAGENCYACTION]Request toAmend a Charge of Discrimination.

1. [All ]ACharging Party may request or the Division may initiate on its own, an amendment to any allegations of discrimination or other prohibited employment practice set forth[out] in the [request for agency action ]charge of discrimination [may be amended, either by the Division or the charging party ]prior to the Division issuing a determination.[commencement of an evidentiary hearing and the respondent may amend its answer. Amendments made during or after an evidentiary hearing may be made only with the permission of the presiding officer.] The Division shall permit liberal amendment of charges of discrimination.[requests for agency action and filing of supplemental requests for agency action in order to accomplish the purpose of theAct.] [ 2. Amendments or a supplemental request for agency action shall be in writing, or on forms furnished by the Division, signed and verified. Copies shall be filed in the same manner as in the case of original requests for agency action.] 78 UTAH STATE BULLETIN, October 15, 2026, Vol. 2026, No. 20 NOTICES OF PROPOSED RULES 2. TheDivisionshall servean amendedchargeofdiscrimination on theRespondentsby emailingthe amendedcharge toRespondent's attorney or other designated representative. Respondents shall respond to the amended charge of discrimination within ten calendar days of the date the amended charge is issued. [ 3. Amendments or a supplemental request for agency action shall be served on the respondent as in the case of an original request for agency action. 4. A request for agency action or a supplemental request for agency action may be withdrawn by the charging party prior to the issuance of a final order.]

D. Electronic Filing.

1. All submissions filed by any Party who is represented by an attorney shall be filed with the Division electronically, in the manner designated by the Division. [ F. MAILING OF REQUEST FORAGENCYACTION The mailing specified in Section 63G-4-201(3) shall be performed by the Division and the persons known to have a direct interest in the requested agency action as specified in Section 63G-4-201 (3)(b) shall be the charging party and the respondent/employer.

G. CLASSIFICATION OF PROCEEDING FOR PURPOSE OF UTAHADMINISTRATIVE PROCEDURESACT

Pursuant to Section 63G-4-202(1), the procedures specified in Section 34A-5-107(1) through (5) are an informal process and are governed by Section 63G-4-203. Any settlement conferences scheduled pursuant to Section 34A-5-107(3) are not adjudicative hearings.

H. PRESIDING OFFICER

For those procedures specified in Section 34A-5-107(1) through (5), the presiding officer shall be the Director or the Director's designee. The presiding officer for the formal hearing referred to in Section 34A-5-(6) through (11) shall be appointed by the Commission.] R606-1-4. Investigation.[R606-1-4. Adjudication and Review Pursuant to Section 34A-5-107.] [ A. After a charge of discrimination has been investigated, the Director shall issue a Determination and Order. Alternatively, the Director may refer the charge to an investigator for further investigation. B. Aparty dissatisfied with the Director's Determination and Order may request a de novo evidentiary hearing. The request must be in writing, state the party's reasons for seeking review, and must be received by the Division within 30 days of the date the Director signed the Determination and Order. 1. In computing the foregoing 30-day period, the day on which the Determination and Order are signed by the Director shall not be included. The last day of the 30-day period shall be included unless it is a weekend or legal holiday, in which event the 30-day period runs until the end of the next business day. 2. Unless a timely request for hearing is received by the Division, the Director's Determination and Order is the final Commission Order. 3. If a timely request for hearing is received, the Division will transmit the request to the Division of Adjudication within the Commission for assignment to anAdministrative Law Judge. TheALJ will conduct a de novo formal hearing and issue an order in conformity with the requirements of the UtahAdministrative ProceduresAct. C. Aparty may request review of theALJ's order by complying with the provisions of Section 34A-1-303 and Section 63G-4-301 of the UtahAdministrative ProceduresAct.] A. To determine the validity of the filed claim, the Division may: 1. Interview either party and third-party witnesses; 2. Request additional information from either party; 3. Request a rebuttal to Respondents' Response from the Claimant; 4. Request, review, retain, and rely on relevant records or documents held by either party or a third party; and 5. Undertake any other action permitted under theAct. B. AParty shall respond to the Division's request for an interview within ten calendar days of the date the request is made. C. AParty'sunjustifiedfailuretocooperatewiththeDivision'sreasonableinvestigativerequestsmayresultintheDivisionconcluding its investigation based on the information available to the Division. R606-1-5. Release of Information Obtained Through the Investigative Process. A. Pursuant to [Utah Code ]Subsection 34A-5-107(14), the Division may release information gained through its investigations or proceedings to a party to facilitate their participation in the investigation under the following circumstances:

1. The request is made in writing.

2. The Division has not received a request from the person or entity providing the information that such information be considered confidential. 3. The release of the information will not, in the determination of the Division impede the investigation; and 4. The Division has not determined the requested information should remain confidential or otherwise be protected. B. If a person or entity requests in writing the information provided to the Commission be kept confidential, the Division [will]shall consider the reasons underlying the request and make a decision regarding the confidentiality of the information. This determination will govern the release of such information. 1. If the Division deems information confidential, the Division, at its discretion, may choose not to rely on the information during the investigation if the Division determines that the opposing party will be unfairly affected by the withholding of and the inability to respond to the information.

D. The Division [generally will]may not release the following information:

UTAH STATE BULLETIN, October 15, 2026, Vol. 2026, No. 20 79 NOTICES OF PROPOSED RULES

4. bank account numbers; and

5. medical records.[, including theADAquestionnaire, unless an appropriate release of medical information is obtained.]

E. The Division may charge for the costs of providing copies to the parties.

R606-1-6. Proceedings Designation[ as Formal Proceedings].

B. Proceedings before theAdjudication Division shall be designated as formal.

[ The adjudicative proceedings referred to in Subsections 34A-5-107(6)-(10) are classified as formal proceedings for purposes of the UtahAdministrative ProceduresAct.] R606-1-7. Declaratory Orders. [ A. PURPOSE] [ As required by Section 63G-4-503, this rule provides the procedures for submission, review, and disposition of petitions for agency Declaratory Orders on the applicability of statutes, rules, and Orders governing or issued by the agency.] [ B. PETITION FORMAND FILING] [ 1. The petition shall be addressed and delivered to the Director, who shall mark the petition with the date of receipt.] [ 2. The petition shall:] [ (a) be clearly designated as a request for an agency Declaratory Order;] [ (b) identify the statute, rule, or Order to be reviewed;] [ (c) describe in detail the situation or circumstances in which applicability is to be reviewed;] [ (d) describe the reason or need for the applicability review, addressing in particular why the review should not be considered frivolous;] [ (e) include an address and telephone where the petitioner can be contacted during regular work days;] [ (f) declare whether the petitioner has participated in a completed or on-going adjudicative proceeding concerning the same issue within the past 12 months; and] [ (g) be signed by the petitioner.] [ C. REVIEWABILITY] [ The agency shall not review a petition for a Declaratory Order that is:] [ 1. not within the jurisdiction and competence of the agency;] [ 2. trivial, irrelevant, or immaterial; or] [ 3. otherwise excluded by state or federal law.] [ D. PETITION REVIEWAND DISPOSITION] [ 1. The Director shall promptly review and consider the petition and may:] [ (a) meet with the petitioner;] [ (b) consult with Legal Counsel; or] [ (c) take any action consistent with law that the agency deems necessary to provide the petition adequate review and due consideration.] [ 2. The Director may issue an order pursuant to Section 63G-4-503(6).] [ E. ADMINISTRATIVE REVIEW] [ Review of a Declaratory Order is per Section 63G-4-302 only.]

A. ARequest for Declaratory Order shall be delivered to the Division and shall contain the following:

1. Aclear statement that the Petitioner is requesting a declaratory order pursuant to the UtahAdministrative ProceduresAct; 2. The statute, administrative rule, or order to be reviewed; 3. Adetailed description of the specific circumstances in which applicability of the statute, rule or order, is to be reviewed; 4. Adescription of the need for the applicability review; 5. Identification of the person or agency directly affected by the statute, rule, or order; 6. The name, address, telephone number, and email address of the Petitioner; 7. The name, address, telephone number, and email address of all other parties to the proceeding; 8. A statement of whether the Petitioner has participated in an adjudicative proceeding concerning the same issue within the last 12 months; 9. A statement identifying any necessary party whose rights would be substantially prejudiced by the order, accompanied by that party's written consent to the proceeding; and 10. The Petitioner's signature. B. The Division will not issue a declaratory order in the following circumstances: 1. APetitioner fails to submit a completed Request for Declaratory Order as set forth in PartAof this rule; 2. The Request is prohibited by theAdministrative ProceduresAct; 3. The Request concerns matters that are trivial, irrelevant, or immaterial; 4. The Request raises questions that are clear and do not warrant an order; 5. The Request arises out of pending or anticipated litigation that is more properly addressed in that forum; 80 UTAH STATE BULLETIN, October 15, 2026, Vol. 2026, No. 20 NOTICES OF PROPOSED RULES

7. The Request challenges the validity of a federal statute or regulation.

C. Upon receipt of a Request for Declaratory Order, the Director shall review and consider the Request and may: 1. Request additional information from the petitioner; and 2. Issue an order consistent with theAdministrative ProceduresAct. [R606-1-8. Time. A. An Order is deemed issued on the date on the face of the Order which is the date the presiding officer signs the Order.

1. The day of the act, event, finding, or default, or the date an Order is issued, shall not be included;

2. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a state legal holiday, in which event the period runs until the end of the next working day; 3. When the period of time prescribed is less than seven days, intermediate Saturdays, Sundays, and state legal holidays shall be excluded in the computation; 4. No additional time for mailing will be allowed.] KEY: discrimination, employment, time Date of Last Change: 2026[December 31, 2014] Notice of Continuation: September 18, 2025 Authorizing, and Implemented or Interpreted Law: 34A-5-101 et seq.; 63G-4-102 et seq. NOTICE OF SUBSTANTIVE CHANGE TYPE OF FILING: Amendment Filing ID: 58235