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[Utah Code Table of Contents]
[TITLE 67. Table of Contents]
67-21-1 Short title.
This chapter is known as the "Utah Protection of Public
Employees Act."
1985
67-21-2 Definitions.
As used in this chapter:
(1) "Adverse action" means to discharge, threaten, or otherwise discriminate against an employee in any manner that affects the employee's employment, including compensation, terms, conditions, location, rights, immunities, promotions, or privileges.
(2) "Communicate" means a verbal, written, broadcast, or other communicated report.
(3) "Employee" means a person who performs a service for wages or other remuneration under a contract of hire, written or oral, express or implied.
(4) (a) "Employer" means the employing state agency or political subdivision of the state.
(b) "Employer" includes an agent of an employer.
(5) "Public body" means any of the following:
(a) a state officer, employee, agency, department, division, bureau, board, commission, council, authority, educational institution, or any other body in the executive branch of state government;
(b) an agency, board, commission, council, institution member, or employee of the legislative branch of state government;
(c) a county, city, town, regional governing body, council, school district, special district, or municipal corporation, board, department, commission, council, agency, or any member or employee of them;
(d) any other body that is created by state or local authority, or that is primarily funded by or through state or local authority, or any member or employee of that body;
(e) a law enforcement agency or any member or employee of a law enforcement agency; and
(f) the judiciary and any member or employee of the judiciary.
1989
67-21-3 Reporting of governmental waste or violations of law - Employer action - Exceptions.
(1) (a) An employer may not take adverse action against an employee because the employee, or a person authorized to act on behalf of the employee, communicates in good faith the existence of any waste of public funds, property, or manpower, or a violation or suspected violation of a law, rule, or regulation adopted under the law of this state, a political subdivision of this state, or any recognized entity of the United States.
(b) For purposes of Subsection (a), an employee is presumed to have communicated in good faith if he gives written notice or otherwise formally communicates the waste, violation, or reasonable suspicion to the state auditor. This presumption may be rebutted by showing that the employee knew or reasonably ought to have known that the report is malicious, false, or frivolous.
(2) An employer may not take adverse action against an employee because an employee participates or gives information in an investigation, hearing, court proceeding, legislative or other inquiry, or other form of administrative review held by the public body.
(3) An employer may not take adverse action against an employee because the employee has objected to or refused to carry out a directive that the employee reasonably believes violates a law of this state, a political subdivision of this state, or the United States, or a rule or regulation adopted under the authority of the laws of this state, a political subdivision of this state, or the United States.
(4) An employer may not implement rules or policies that
unreasonably restrict an employee's ability to document the
existence of any waste of public funds, property, or manpower,
or a violation or suspected violation of any laws, rules,
or regulations.
1992
67-21-4 Remedies for employee bringing action - Proof required.
(1) As used in this section, "damages" means damages for injury or loss caused by each violation of this chapter.
(2) An employee who alleges a violation of this chapter may bring a civil action for appropriate injunctive relief or actual damages, or both, within 180 days after the occurrence of the alleged violation of this chapter.
(3) An action begun under this section may be brought in the district court for the county where the alleged violation occurred, the county where the complainant resides, or the county where the person against whom the civil complaint is filed resides or has his principal place of business.
(4) To prevail in an action brought under the authority
of this section, the employee shall establish, by a preponderance
of the evidence, that the employee has suffered an adverse
action because the employee, or a person acting on his behalf
engaged or intended to engage in an activity protected under
Section
67-21-3
.
1999
67-21-5 Court orders for violation of chapter.
(1) A court, in rendering a judgment in an action brought under this chapter, may order reinstatement of the employee at the same level, the payment of back wages, full reinstatement of fringe benefits and seniority rights, actual damages, or any combination of these remedies.
(2) A court shall also award the complainant all or a
portion of the costs of litigation, which are defined to
include reasonable attorney fees and witness fees, if the
court determines that the award is appropriate.
1999
67-21-6 Civil fine.
(1) A person who violates this chapter is liable for a civil fine of not more than $500.
(2) A civil fine which is ordered under this chapter shall
be submitted to the state treasurer for deposit in the General
Fund.
1985
67-21-7 No impairment of employee rights under collective bargaining agreement.
This chapter shall not be construed to diminish or impair
the rights of an employee under any collective bargaining
agreement.
1985
67-21-8 No compensation when participation in public inquiry.
This chapter shall not be construed to require an employer
to compensate an employee for participation in an investigation,
hearing, or inquiry held by a public body in accordance with
Section
67-21-3
.
1985
67-21-9 Notice of contents of this chapter - Posting.
An employer shall post notices and use other appropriate
means to keep employees informed of their protections and
obligations under this chapter.
1985
