Utah State Civil Rights Complaint (UAA + Parallel Federal Counts)

CIVIL RIGHTS COMPLAINT — EMPLOYMENT DISCRIMINATION — UTAH

TABLE OF CONTENTS

1. Caption
2. Nature of the Action
3. Parties, Jurisdiction, and Venue
4. Administrative Exhaustion
5. Factual Allegations
6. Count I — Title VII Discrimination
7. Count II — Title VII Retaliation
8. Count III — Utah Antidiscrimination Act (Reference / Parallel)
9. Count IV — ADA / ADEA / § 1981 (As Applicable)
10. Damages
11. Prayer for Relief
12. Demand for Trial by Jury
13. Signature Block
14. Certificate of Service
15. Utah Practice Notes
16. Sources and References

1. CAPTION

UNITED STATES DISTRICT COURT

DISTRICT OF UTAH — [CENTRAL / NORTHERN] DIVISION

CASE NO. [________________________________]

COMPLAINT AND DEMAND FOR JURY TRIAL

(Title VII; ADA; ADEA; 42 U.S.C. § 1981; Utah Antidiscrimination Act, Utah Code § 34A-5-101 et seq.)

Plaintiff, by and through undersigned counsel, complains of Defendants and alleges as follows:

2. NATURE OF THE ACTION

2.1. This is a civil action arising under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq.; the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq.; the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq.; 42 U.S.C. § 1981; and, by reference, the Utah Antidiscrimination Act, Utah Code § 34A-5-101 et seq. ("UAA").

2.2. Plaintiff alleges that Defendants discriminated against Plaintiff on the basis of [PROTECTED CLASS — race / color / sex / pregnancy / age / religion / national origin / disability / sexual orientation / gender identity], retaliated against Plaintiff for engaging in protected activity, and subjected Plaintiff to a hostile work environment in violation of federal and Utah law.

3. PARTIES, JURISDICTION, AND VENUE

3.1. Plaintiff [PLAINTIFF NAME] is an adult resident of [COUNTY] County, Utah, and was at all relevant times an "employee" within the meaning of 42 U.S.C. § 2000e(f) and Utah Code § 34A-5-102(1)(h).

3.2. Defendant [EMPLOYER NAME] ("Employer") is a [corporation / LLC / other entity] organized under the laws of [STATE], registered to do business in Utah, with its principal Utah place of business at [ADDRESS].

3.3. At all relevant times, Employer employed fifteen (15) or more employees for each working day in each of twenty (20) or more calendar weeks in the current or preceding calendar year, and is therefore an "employer" within the meaning of 42 U.S.C. § 2000e(b) and Utah Code § 34A-5-102(1)(i)(B)(I).

3.4. This Court has subject-matter jurisdiction under 28 U.S.C. § 1331 (federal question) and 28 U.S.C. § 1343 (civil rights). Supplemental jurisdiction over any parallel state-law equitable references is conferred by 28 U.S.C. § 1367, but Plaintiff acknowledges that the UAA itself confers no private right of action in court (Utah Code § 34A-5-107) and pleads it as predicate authority and for declaratory purposes only.

3.5. Venue is proper in this District under 42 U.S.C. § 2000e-5(f)(3) and 28 U.S.C. § 1391(b) because the unlawful employment practices occurred in [COUNTY] County, Utah.

4. ADMINISTRATIVE EXHAUSTION

4.1. On [DATE], within 180 days of the last alleged unlawful employment practice, Plaintiff filed a verified Charge of Discrimination with the Utah Antidiscrimination & Labor Division ("UALD"), Charge No. [________], dual-filed with the U.S. Equal Employment Opportunity Commission ("EEOC") under the UALD-EEOC work-share agreement and Utah Code § 34A-5-107(1)(c).

4.2. UALD/EEOC issued a [Determination / Dismissal / Notice of Right to Sue] dated [DATE]. A copy is attached as Exhibit A.

4.3. This Complaint is filed within ninety (90) days of Plaintiff's receipt of the Notice of Right to Sue, as required by 42 U.S.C. § 2000e-5(f)(1).

4.4. Plaintiff has exhausted all administrative remedies and conditions precedent to suit have been satisfied or waived.

5. FACTUAL ALLEGATIONS

5.1. Plaintiff began employment with Defendant Employer on [DATE] as [POSITION].

5.2. At all relevant times, Plaintiff performed Plaintiff's duties competently and met or exceeded Employer's legitimate expectations.

5.3. Plaintiff is a member of the following protected class(es): [RACE / COLOR / SEX / PREGNANCY / AGE 40+ / RELIGION / NATIONAL ORIGIN / DISABILITY / SEXUAL ORIENTATION / GENDER IDENTITY].

5.4. Beginning on or about [DATE], Plaintiff was subjected to the following adverse employment actions and/or harassment:

• [Specific adverse action 1 — e.g., termination, demotion, pay cut, denied promotion, refused accommodation];
• [Specific harassment incident 1 — date, location, actors, statements];
• [Specific harassment incident 2];
• [Pattern of differential treatment — comparators].

5.5. On [DATE], Plaintiff reported the discrimination/harassment to [HR / supervisor / hotline] and engaged in protected activity by [describe complaint, EEOC charge, accommodation request, etc.].

5.6. Following Plaintiff's protected activity, Defendants [describe retaliation — termination, schedule changes, write-ups, isolation].

5.7. Similarly situated employees outside Plaintiff's protected class(es) were treated more favorably, including [name comparators and treatment].

5.8. Defendants' stated reasons for the adverse actions are pretextual because [explain inconsistencies, shifting rationales, deviations from policy, temporal proximity].

6. COUNT I — TITLE VII DISCRIMINATION

(Against Defendant Employer)

6.1. Plaintiff incorporates Paragraphs 1.1 through 5.8 as if fully restated.

6.2. Title VII, 42 U.S.C. § 2000e-2(a), prohibits discrimination on the basis of race, color, religion, sex (including pregnancy, sexual orientation, and gender identity per Bostock v. Clayton County, 590 U.S. 644 (2020)), or national origin.

6.3. Defendant Employer discriminated against Plaintiff because of Plaintiff's [PROTECTED CLASS] by [ADVERSE ACTION].

6.4. As a direct and proximate result, Plaintiff has suffered lost wages and benefits, emotional distress, humiliation, loss of professional reputation, and other compensable damages.

7. COUNT II — TITLE VII RETALIATION

(Against Defendant Employer)

7.1. Plaintiff incorporates Paragraphs 1.1 through 6.4.

7.2. 42 U.S.C. § 2000e-3(a) prohibits retaliation against employees who oppose unlawful employment practices or participate in Title VII proceedings.

7.3. Plaintiff engaged in protected activity by [describe], and Defendant Employer thereafter took materially adverse action by [describe], with a causal connection demonstrated by [temporal proximity / direct evidence / pattern].

7.4. Plaintiff has suffered the damages set forth above.

8. COUNT III — UTAH ANTIDISCRIMINATION ACT (Reference / Parallel)

(Predicate Authority — Declaratory and Equitable Reference Only)

8.1. Plaintiff incorporates Paragraphs 1.1 through 7.4.

8.2. The Utah Antidiscrimination Act, Utah Code § 34A-5-106, prohibits employers from discriminating against employees on the basis of race, color, sex, pregnancy, age (40+), religion, national origin, disability, sexual orientation, or gender identity, and additionally protects employees' reasonable expression of religious, moral, or political beliefs (S.B. 296 (2015)).

8.3. Plaintiff exhausted UAA remedies through UALD as set forth in Section 4 above.

8.4. Plaintiff acknowledges that Utah Code § 34A-5-107 establishes UALD as the exclusive administrative forum for UAA claims, that no private right of action lies in state district court, and that the UAA is referenced herein for the limited purposes of (a) demonstrating Defendant's notice of state-law obligations parallel to federal law; (b) supporting equitable considerations; and (c) preserving any declaratory relief the Court may consider appropriate within its supplemental jurisdiction.

9. COUNT IV — ADA / ADEA / § 1981 (As Applicable)

(Against Defendant Employer; § 1981 also against individual Defendants)

9.1. Plaintiff incorporates Paragraphs 1.1 through 8.4.

9.2. [As applicable: ADA — 42 U.S.C. § 12112(a) prohibits discrimination on the basis of disability and requires reasonable accommodation.] Plaintiff is a qualified individual with a disability and was denied a reasonable accommodation and/or terminated because of disability.

9.3. [As applicable: ADEA — 29 U.S.C. § 623(a)] Plaintiff was age 40 or older and was discharged/demoted because of age, where age was the but-for cause of the adverse action.

9.4. [As applicable: 42 U.S.C. § 1981] Defendants intentionally discriminated against Plaintiff on the basis of race in the making, performance, modification, and termination of Plaintiff's employment contract.

9.5. As a direct and proximate result, Plaintiff has suffered damages as set forth herein.

10. DAMAGES

10.1. Back Pay and Benefits. Lost wages, bonuses, commissions, and benefits from the date of the adverse action through the date of judgment, with prejudgment interest.

10.2. Front Pay or Reinstatement. Reinstatement to Plaintiff's former position with full seniority, or in the alternative, front pay in an amount sufficient to make Plaintiff whole.

10.3. Compensatory Damages. Emotional distress, mental anguish, humiliation, loss of professional reputation, and other non-economic injuries, subject to the statutory caps in 42 U.S.C. § 1981a(b)(3).

10.4. Punitive Damages. Available under Title VII, the ADA, and § 1981 where Defendants acted with malice or reckless indifference to Plaintiff's federally protected rights.

10.5. Liquidated Damages. Available under the ADEA for willful violations.

10.6. Attorney's Fees and Costs. Pursuant to 42 U.S.C. § 2000e-5(k), 42 U.S.C. § 12205, 29 U.S.C. § 626(b), and 42 U.S.C. § 1988.

11. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays for the following relief:

• A. Judgment for Plaintiff and against Defendants on all counts;
• B. Back pay, lost benefits, and prejudgment interest;
• C. Reinstatement or, in the alternative, front pay;
• D. Compensatory damages in an amount to be determined at trial;
• E. Punitive damages in an amount to be determined at trial;
• F. Liquidated damages under the ADEA for willful violations (if applicable);
• G. A declaratory judgment that Defendants' conduct violated Title VII, the ADA, the ADEA, 42 U.S.C. § 1981, and Utah Code § 34A-5-106;
• H. Permanent injunctive relief enjoining further discrimination and retaliation, and ordering Defendants to implement remedial training and policy changes;
• I. Reasonable attorney's fees and costs;
• J. Such other relief as the Court deems just and equitable.

12. DEMAND FOR TRIAL BY JURY

Plaintiff hereby demands a trial by jury on all issues so triable as a matter of right, pursuant to Fed. R. Civ. P. 38(b) and 42 U.S.C. § 1981a(c).

13. SIGNATURE BLOCK

Date: [DATE]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], Utah State Bar No. [####]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, UT ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

14. CERTIFICATE OF SERVICE

I hereby certify that on [DATE], I caused the foregoing COMPLAINT AND DEMAND FOR JURY TRIAL to be served upon all Defendants via the Court's CM/ECF system or, where applicable, by service of process pursuant to Fed. R. Civ. P. 4.

[________________________________]

[ATTORNEY NAME]

15. UTAH PRACTICE NOTES

• No state private right of action. The Utah Antidiscrimination Act (Utah Code § 34A-5-101 et seq.) is the EXCLUSIVE state-law remedy for the discrimination categories it covers, AND it confers no private right of action in Utah state district court. See Utah Code § 34A-5-107. UALD has exclusive original jurisdiction; appeals from UALD determinations go to the Utah Labor Commission ALJ and then to the Utah Court of Appeals on a writ of review under Utah Code § 63G-4-403, not to district court.
• Mandatory exhaustion through UALD. A claimant MUST file with UALD within 180 days under Utah Code § 34A-5-107(1)(c). The UALD-EEOC work-share agreement allows dual-filing; check the box on the EEOC charge.
• Federal action terminates UALD proceeding. Utah Code § 34A-5-107(15)(a) provides that commencement of a federal action under federal law for relief based on conduct prohibited by the UAA bars commencement or continuation of an adjudicative proceeding before the Commission on the same claim. Sequence filings carefully.
• Employer threshold. Utah Code § 34A-5-102(1)(i)(B)(I) — 15+ employees for each working day in 20+ weeks in the current or preceding calendar year (mirrors Title VII).
• Protected classes (S.B. 296, 2015). Race, color, sex, pregnancy/childbirth/pregnancy-related conditions, age (40+), religion, national origin, disability, sexual orientation, gender identity. S.B. 296 also added religious-expression protections under § 34A-5-112 (now codified) for reasonable workplace expression and outside-of-work expression of religious, political, or personal beliefs.
• Religious organization exemption. Utah Code § 34A-5-108 broadly exempts religious organizations, religious schools, the Boy Scouts of America, and their affiliates from UAA employment provisions. Evaluate before filing.
• H.B. 257 (2024). Codifies "biological sex" definitions for purposes of public-school and government-facility sex-designated spaces. The bill primarily amends Title 53G (Education), Title 63G (Government Procedures), and related provisions; counsel should review for any cross-cutting impact on bathroom/locker-room accommodation claims under § 34A-5-106 gender-identity protections, particularly for public-sector employers and special districts under Title 17B.
• Statute of limitations for federal claims. Title VII / ADA / ADEA: 180 days to file with EEOC, extended to 300 days by deferral state status (Utah is a deferral state); 90 days to file in court after right-to-sue notice. § 1981: 4-year federal "catch-all" statute under 28 U.S.C. § 1658 (post-1990 conduct) or Utah's 4-year personal-injury limitation (pre-1990 conduct).
• Damages caps. 42 U.S.C. § 1981a(b)(3) caps combined compensatory and punitive damages by employer size (15-100: $50,000; 101-200: $100,000; 201-500: $200,000; 500+: $300,000). § 1981 has no cap.
• Forum. U.S. District Court for the District of Utah, Central Division (Salt Lake) for most claims; Northern Division (Ogden) for cases arising in Box Elder, Cache, Morgan, Rich, or Weber counties.
• Pleading standard. Ashcroft v. Iqbal, 556 U.S. 662 (2009), and Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), apply. Plead facts plausibly suggesting discriminatory intent; conclusory allegations are insufficient.

16. SOURCES AND REFERENCES

• Utah Code § 34A-5-101 et seq. (Utah Antidiscrimination Act) — https://le.utah.gov/xcode/Title34A/Chapter5/34A-5.html
• Utah Code § 34A-5-106 — https://le.utah.gov/xcode/Title34A/Chapter5/34A-5-S106.html
• Utah Code § 34A-5-107 — https://le.utah.gov/xcode/Title34A/Chapter5/34A-5-S107.html
• S.B. 296 (2015) — https://le.utah.gov/~2015/bills/static/sb0296.html
• H.B. 257 (2024) — https://le.utah.gov/~2024/bills/hbillenr/HB0257.htm
• UALD — Utah Labor Commission — https://laborcommission.utah.gov/divisions/utah-antidiscrimination-and-labor-uald/
• EEOC — https://www.eeoc.gov/
• Bostock v. Clayton County, 590 U.S. 644 (2020)
• Ashcroft v. Iqbal, 556 U.S. 662 (2009)
• McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973)
• 42 U.S.C. § 2000e et seq. (Title VII)
• 42 U.S.C. § 12101 et seq. (ADA)
• 29 U.S.C. § 621 et seq. (ADEA)
• 42 U.S.C. § 1981

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. The Utah Antidiscrimination Act provides NO private right of action in state district court — UALD has exclusive original jurisdiction. An attorney licensed in Utah must review and customize this document before filing. Laws, citations, and court rules change frequently; verify all authorities before use.