Legislative wrap-up: what the antidiscrimination law means to your business.

• Author: Francom, Sarah Ryther
• Position: Special Report

On March 12, 2015, Gov. Gary Herbert signed SB296 into law, barring discrimination in employment and housing based on sexual orientation and gender identity. The legislation, which also put into place safeguards for religious liberty, was supported by The Church of Jesus Christ of Latter-day Saints and the LGBT community. It easily passed the Utah Senate with a 23-5 vote in favor of the law, as well as the Utah House of Representatives with a favorable vote of 65-10.

While many applaud the legislation, which is Utah's first statewide antidiscrimination policy for the LGBT community, questions remain about how the new law will impact Utah's businesses. Scott Hagen, a shareholder at Ray Quinney & Nebeker and chair of the firm's employment and labor section, breaks the law down and defines how it may impact your business.

Three Direct Impacts

1. LGBT Employee Antidiscrimination

   Under the existing Utah Antidiscrimination Act, Utah employers have an obligation not to discriminate against employees or potential employees on several bases, including race, color, creed or disability. The same obligation extends to landlords when vetting potential tenants under the Utah Fair Housing Act. Hagen explains that SB296 amends Utah's already-existing antidiscrimination laws to now include sexual orientation and gender identity. Simply stated, the new law, which preempts all local ordinances, protects Utah's LGBT community from discrimination in employment and housing.

2. Religious and Political Expression

   Employee expression is another key component of SB296. Under the law, employee expression of religious and political beliefs is protected, as long as that expression is "reasonable, non-disruptive and non-harassing."

   "This means employees are protected against any sort of retaliation for expressing views in the workplace, depending on how they're expressed," explains Hagen. "Employees will be able to express their religious views on topics like same-sex marriage, as long as they do it in a way that is not disruptive or non-harassing. Employers will have an obligation to treat their employees' expressions on equal terms to other similar expressions of beliefs that are allowed by the employer in the workplace. The new law provides that employees have this right to express their views, unless the expression is in direct conflict with the essential business-related interests of the employer.'"

   Hagen notes that employee expression outside of the workplace is...