Utah Workplace Harassment Laws: 15-Employee Rule, 180-Day Deadline

Workplace harassment is a prohibited employment practice in Utah under the Utah Antidiscrimination Act, which says an employer may not "retaliate against, harass, or discriminate in matters of compensation or in terms, privileges, and conditions of employment" against a person because of a protected trait (Utah Code § 34A-5-106(1)(a)(i)). The Act covers the state and local government regardless of size, but a private employer only if it employs 15 or more employees within Utah for each working day in each of 20 or more calendar weeks in the current or preceding calendar year (§ 34A-5-102(1)(i)).

Claims go to the Utah Antidiscrimination and Labor Division (UALD) of the Utah Labor Commission within 180 days, and the Act's administrative procedure is the exclusive remedy under state law (§ 34A-5-107(15)). For other states, see workplace harassment laws by state.

Information last verified on 2026-10-20. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Utah state law on workplace harassment by employers, supervisors and coworkers under the Utah Antidiscrimination Act, Utah Code Title 34A, Chapter 5 (chiefly §§ 34A-5-102, 34A-5-106, 34A-5-107 and 34A-5-114). It does not cover wrongful firing or the full UALD procedure (see Utah wrongful termination), damages estimates, criminal harassment or stalking, harassment outside employment, or federal-employee procedure.

Utah harassment rules at a glance

What the Utah Antidiscrimination Act prohibits

Utah's employment statute names harassment directly. Section 34A-5-106(1)(a)(i) provides:

"An employer may not refuse to hire, promote, discharge, demote, or terminate a person, or to retaliate against, harass, or discriminate in matters of compensation or in terms, privileges, and conditions of employment against a person otherwise qualified, because of: (A) race; (B) color; (C) sex; (D) pregnancy, childbirth, or pregnancy-related conditions; (E) age, if the individual is 40 years of age or older; (F) religion; (G) national origin; (H) disability; (I) sexual orientation; or (J) gender identity." (Utah Code § 34A-5-106(1)(a)(i))

The Act does not define "harass," and its employment sections contain no "severe or pervasive" or hostile-work-environment test. How the word is measured is a matter of case law that this page does not summarize.

The Labor Commission's UALD describes discrimination as being treated differently "because of their race, color, religion, sex (which includes sexual harassment), age (40 or over), national origin, disability, sexual orientation, gender identity, pregnancy, childbirth or pregnancy-related condition." That wording comes from the agency, not from the statute.

For the confidentiality rules in § 34A-5-114, the Act supplies its own definition: "sexual harassment" there means harassment on the basis of sex, sexual orientation, or gender, as prohibited in Title VII or in § 34A-5-106(1)(a)(i).

Which Utah employers are covered

Section 34A-5-102(1)(i) defines an employer as:

"(A) the state; (B) a political subdivision; (C) a board, commission, department, institution, school district, trust, or agent of the state or a political subdivision of the state; or (D) a person employing 15 or more employees within the state for each working day in each of 20 calendar weeks or more in the current or preceding calendar year."

Utah uses the same 15-employee threshold for harassment as for every other prohibited practice; there is no lower harassment threshold. The count is of employees "within the state." Public employers are covered regardless of size.

The definition excludes a religious organization, or a religious leader acting in that capacity; a corporation or association that is an affiliate, wholly owned subsidiary or agency of a religious organization; and "the Boy Scouts of America or its councils, chapters, or subsidiaries" (§ 34A-5-102(1)(i)(ii)).

One rule reaches further. Section 34A-5-114(2)(b) bars retaliation over a sexual harassment or sexual assault allegation by "an employer of any sized business," expressly regardless of the 15-employee definition (see the NDA section below).

Title VII of the Civil Rights Act of 1964 also defines an employer as a person with "fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year" (42 U.S.C. § 2000e(b)); the workplace harassment laws hub covers the federal layer.

Protected traits

Section 34A-5-106(1)(a)(i) lists:

• Race
• Color
• Sex
• Pregnancy, childbirth, or pregnancy-related conditions, which "includes breastfeeding or medical conditions related to breastfeeding" (§ 34A-5-102(1)(u))
• Age, "if the individual is 40 years of age or older"
• Religion
• National origin
• Disability
• Sexual orientation
• Gender identity

Employer responsibility and individual liability

The Act's employment provisions frame both the prohibition and the relief around the employer. Section 34A-5-106 states what "an employer may not" do, and the order on a finding under § 34A-5-107(8) runs against the respondent. Section 34A-5-106 contains no clause that makes an employee who harasses a coworker personally liable as such, but § 34A-5-106(1)(e) provides that a person, "whether or not an employer ... or an employee," may not "aid, incite, compel, or coerce the doing of an act defined in this section to be a discriminatory or prohibited employment practice," obstruct compliance with the chapter, or attempt to commit a prohibited act. How that clause applies to an individual who harasses a coworker is a question of case law that this page does not summarize.

The statute does not set out a separate rule for harassment by a supervisor, a coworker or a non-employee. Those questions are governed by case law that this page does not summarize.

Retaliation for complaining

The Act defines "retaliate" as "the taking of adverse action by an employer, employment agency, labor organization, apprenticeship program, on-the-job training program, or vocational school against one of its employees, applicants, or members because the employee, applicant, or member: (i) opposes an employment practice prohibited under this chapter; or (ii) files charges, testifies, assists, or participates in any way in a proceeding, investigation, or hearing under this chapter" (§ 34A-5-102(1)(y)). Retaliation is a prohibited practice under § 34A-5-106(1)(a)(i).

Firings after a complaint, and how they fit with Utah's default employment rule, are covered on the Utah at-will employment and Utah wrongful termination pages.

Deadlines and where to file

The Utah Antidiscrimination and Labor Division of the Utah Labor Commission handles claims under the Act. A claim is a "request for agency action," made under oath.

• Deadline: "A request for agency action made under this section shall be filed within 180 days after the alleged discriminatory or prohibited employment practice occurs" (§ 34A-5-107(1)(c)). The trigger in the statute is when the practice occurs.
• Transfer to the EEOC: the division "may transfer a request for agency action ... to the federal Equal Employment Opportunity Commission in accordance with a work-share agreement" between the division and the EEOC that is in effect on the day of transfer (§ 34A-5-107(1)(d)).
• The UALD's description: "If more than 180 days have passed since the last date of harm, but less than 300 days, your charge will be sent to the Equal Employment Opportunity Commission (EEOC) for investigation." For a timely UALD charge, the agency states that the case "will be forwarded to the EEOC for dual filing under applicable federal laws, but UALD will investigate the case."
• Exclusive state remedy: "The procedures contained in this section are the exclusive remedy under state law for employment discrimination based upon" the listed grounds, including sex, retaliation, sexual orientation and gender identity (§ 34A-5-107(15)). The process runs through mediation, investigation, a determination, an optional evidentiary hearing, commission review and then judicial review.
• Federal action: "The commencement of an action under federal law for relief based upon an act prohibited by this chapter bars the commencement or continuation of an adjudicative proceeding before the commission in connection with the same claim under this chapter" (§ 34A-5-107(16)(a)). A transfer of the request for agency action to the EEOC under § 34A-5-107(1)(d) is treated as commencing an action under federal law for this purpose (§ 34A-5-107(16)(b)).

The relief the commission can order, and the steps between filing and a final order, are on the Utah wrongful termination page. The Utah employment discrimination settlement calculator is an estimating tool, not a prediction of any outcome.

Training and written policies

Chapter 34A-5 of the Utah Code does not require private employers to provide harassment training or to adopt or post a written harassment policy. For state executive branch agencies and independent entities, Utah Code § 67-26-301 requires abusive-conduct training (see the bullying section below).

NDAs, settlements and retaliation over a sexual harassment allegation

Utah Code § 34A-5-114 limits "confidentiality clauses," which it defines as nondisclosure clauses (agreements that prevent an employee from disclosing or discussing sexual assault, sexual harassment or allegations of either) and non-disparagement clauses (agreements that bar an employee from making a negative statement about the employer related to a claim or dispute of sexual assault or sexual harassment) (§ 34A-5-114(1)). Its core rules are in subsection (2):

"(a) A confidentiality clause regarding sexual misconduct, as a condition of employment, is against public policy and is void and unenforceable. (b) After an employee makes an allegation of sexual harassment or sexual assault, an employer of any sized business, regardless of Subsection 34-5-102(1)(i)(D): (i) may not retaliate against the employee because the employee made an allegation of sexual harassment or assault; or (ii) may not retaliate based on an employee's refusal to enter into a confidentiality clause or an employment contract that, as a condition of employment, contains a confidentiality clause. (c) An employee may, within three business days after the day on which the employee agrees to a settlement agreement that includes a confidentiality clause regarding sexual misconduct, withdraw from the settlement agreement." (Utah Code § 34A-5-114(2))

Read the limits carefully:

• Subsection (2)(a) voids a confidentiality clause regarding sexual misconduct when it is a condition of employment. It does not void every confidentiality term: the section continues to allow a nondisclosure or non-disparagement clause covering the amount of a monetary settlement and, at the employee's request, facts that could reasonably lead to the identification of the employee, and it does not stop an employer from requiring a non-compete agreement or an agreement not to disclose non-public trade secrets, proprietary information or confidential information that does not involve illegal acts (§ 34A-5-114(4)).
• The retaliation bar in (2)(b) applies to employers of any size, but only after an allegation of sexual harassment or sexual assault, and it covers retaliation for the allegation or for refusing a confidentiality clause.
• The three-business-day withdrawal right in (2)(c) applies to a settlement agreement that includes a confidentiality clause regarding sexual misconduct.
• The section also provides that an employer that tries to enforce a clause the section voids is liable for the employee's costs and attorney fees and may not recover damages.

The version quoted here took effect May 6, 2026 (amended by Chapter 341, 2026 General Session). A further version, amended by Chapter 445 of the 2026 General Session, takes effect January 1, 2027. The text published for that date no longer contains the paragraph that currently excludes from "sexual assault" conduct described in Utah Code §§ 76-5-417 (enticing a minor), 76-5-418 (sexual battery), 76-5-419 (lewdness) and 76-5-420 (lewdness involving a child).

Federal law adds limits for sexual harassment disputes: the Speak Out Act makes nondisclosure and nondisparagement clauses agreed to before a sexual harassment dispute arises judicially unenforceable where the conduct is alleged to violate federal, tribal or state law, and the Ending Forced Arbitration Act lets the person alleging sexual harassment elect court over a predispute arbitration agreement, both explained on the workplace harassment laws hub.

Is workplace bullying illegal in Utah?

The Utah Antidiscrimination Act reaches harassment because of the traits it lists. Its employment provisions contain no rule on general workplace bullying that is not tied to one of those traits.

For public workers only, Utah Code Title 67, Chapter 26 addresses "abusive conduct" by one employee toward another employee of the same employer at state executive branch agencies and independent entities. It defines abusive conduct by its "severity, nature, or frequency" rather than by a protected trait, and it requires those employers to provide abusive-conduct training at hire or within a reasonable time after, and at least every other year (§§ 67-26-102, 67-26-301). It does not apply to private employers.

Documenting harassment and workplace monitoring

The rules on recording a conversation at work, including a conversation with a harasser, are on the Utah workplace recording laws page. Employer monitoring of email, devices and workspaces is covered on the Utah employee monitoring laws page.

Recent and upcoming changes

• 2025: Chapter 425 of the 2025 General Session amended § 34A-5-102, the definitions section that holds the employer definition (version effective May 7, 2025).
• 2026: Chapter 341 of the 2026 General Session amended § 34A-5-114 (version effective May 6, 2026).
• January 1, 2027: Chapter 445 of the 2026 General Session amends § 34A-5-114 again; the version for that date drops the exclusion of §§ 76-5-417 through 76-5-420 conduct from the definition of sexual assault.

Related pages

• Workplace harassment laws by state
• Utah wrongful termination
• Utah at-will employment laws
• Utah employee monitoring laws
• Utah workplace recording laws

This article provides general legal information about Utah workplace harassment law under the Utah Antidiscrimination Act, Utah Code Title 34A, Chapter 5, as of 2026-10-20. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Utah or the Utah Antidiscrimination and Labor Division.

Last updated: 2026-10-20.

Frequently Asked Questions

Is workplace harassment illegal in Utah?

Utah Code § 34A-5-106(1)(a)(i) bars a covered employer from harassing a person because of race, color, sex, pregnancy, age (40 or older), religion, national origin, disability, sexual orientation or gender identity. The Act does not define harass or set a hostile-work-environment test.

Does Utah harassment law apply to small employers?

The Utah Antidiscrimination Act covers private employers with 15 or more employees within the state for each working day in each of 20 or more calendar weeks, and public employers regardless of size (§ 34A-5-102(1)(i)). Separately, § 34A-5-114 bars an employer of any size from retaliating after an allegation of sexual harassment or sexual assault.

How long do you have to file a harassment claim in Utah?

A request for agency action must be filed with the Utah Antidiscrimination and Labor Division within 180 days after the alleged practice occurs (§ 34A-5-107(1)(c)). The UALD says a charge filed after 180 days but within 300 days is sent to the EEOC.

Can you sue in Utah state court for workplace harassment?

Section 34A-5-107(15) makes the Act's administrative procedures the exclusive remedy under state law for employment discrimination on the listed grounds, with judicial review after the commission process. Starting an action under federal law bars a commission proceeding on the same claim (§ 34A-5-107(16)(a)).

Are confidentiality agreements about sexual harassment enforceable in Utah?

Under § 34A-5-114(2)(a), a confidentiality clause regarding sexual misconduct, as a condition of employment, is void and unenforceable, and the section defines a confidentiality clause as a nondisclosure or non-disparagement clause about sexual assault or sexual harassment. The section still allows such a clause covering the amount of a monetary settlement and, at the employee's request, facts that could reasonably lead to the employee's identification, and gives an employee three business days to withdraw from a settlement that includes such a clause.

Does Utah require sexual harassment training?

Chapter 34A-5 of the Utah Code does not require private employers to provide harassment training or adopt a written harassment policy.

Is workplace bullying illegal in Utah?

The Utah Antidiscrimination Act reaches harassment tied to the traits it lists, such as sex, race, religion and disability. Its employment provisions contain no rule on general workplace bullying unconnected to those traits. For state executive branch agencies and independent entities only, Utah Code Title 67, Chapter 26 addresses abusive conduct between employees and requires abusive-conduct training at hire and at least every other year; it does not apply to private employers.