FEPA Discrimination Charge and Right-to-Sue Procedure — Utah

FEPA Discrimination Charge and Right-to-Sue Procedure (UTAH)

Quick-Reference Summary

Part A — Pre-Filing Eligibility Memo

TO: [CLIENT NAME]
FROM: [ATTORNEY NAME], [FIRM]
DATE: [__/__/____]
RE: Eligibility assessment — Utah Antidiscrimination Act / UALD / EEOC charge

1. Employer Coverage (Utah Code § 34A-5-102(1)(h))

2. Protected Class & Adverse Action

Adverse Action(s): ☐ Termination ☐ Demotion ☐ Failure to hire/promote ☐ Discipline ☐ Pay disparity ☐ Hostile work environment ☐ Constructive discharge ☐ Failure to accommodate ☐ Retaliation ☐ Other: [____________]

Date of last discriminatory act: [__/__/____]

3. Timeliness Analysis

4. EXCLUSIVITY ANALYSIS — CRITICAL (Utah Code § 34A-5-110)

Utah Code § 34A-5-110 provides:

"The procedures contained in this chapter are the exclusive remedy under state law for employment discrimination based upon: race; color; sex; pregnancy, childbirth, or pregnancy-related conditions; age; religion; national origin; disability; sexual orientation; or gender identity."

Implications:

• ☐ NO private civil action in Utah state court for UADA claims (Hofer v. ConocoPhillips, 2014 UT App 232; Buckner v. Kennard, 2004 UT 78)
• ☐ State remedies LIMITED to administrative process (back pay max 2 years, reinstatement, equitable relief, fees/costs)
• ☐ NO state-law compensatory damages
• ☐ NO state-law punitive damages
• ☐ NO state-law jury trial
• ☐ Federal Title VII / ADEA / ADA claims may be brought in U.S. District Court after EEOC RTSL (compensatory damages capped $50K–$300K under 42 U.S.C. § 1981a; jury trial available)

5. Strategy

• ☐ File at UALD (mandatory if pursuing state remedies; useful as predicate for EEOC cross-filing)
• ☐ Cross-file with EEOC (preserves federal claims)
• ☐ Pursue federal Title VII / ADEA / ADA in U.S. District Court (recommended where compensatory or punitive damages, or jury trial, are sought)
• ☐ Pursue UALD administrative track for reinstatement / equitable relief

6. Damages Assessment

7. Recommendation

[____________]

Part B — Charge of Discrimination (FEPA Filing)

UTAH LABOR COMMISSION
UTAH ANTIDISCRIMINATION AND LABOR DIVISION (UALD)
CHARGE OF DISCRIMINATION
(Dual-filed with the U.S. Equal Employment Opportunity Commission pursuant to UALD/EEOC Worksharing Agreement)

UALD Case No.: [_______________]
EEOC Charge No.: [_______________]

1. Charging Party

2. Respondent

3. Basis of Discrimination

☐ Race ☐ Color ☐ Religion ☐ Sex ☐ Pregnancy/childbirth/pregnancy-related conditions ☐ National origin ☐ Age (40+) ☐ Disability ☐ Sexual orientation ☐ Gender identity ☐ Retaliation
☐ Federal-only (under Title VII/ADEA/ADA — additional basis): [____________]

4. Date(s) of Discrimination

• Earliest: [__/__/____]
• Most recent: [__/__/____]
• ☐ Continuing course of conduct

5. Particulars (Statement of Facts)

I. EMPLOYMENT BACKGROUND

1. I, [NAME], was employed by Respondent as a [TITLE] from [__/__/____] to [__/__/____] at Respondent's [LOCATION] in Utah.

2. My job performance met or exceeded expectations. [____________].

II. PROTECTED-CLASS STATUS

3. I am a member of protected classes under Utah Code § 34A-5-106: [____________].

III. ADVERSE EMPLOYMENT ACTION

4. On [__/__/____], Respondent [adverse action]. The decisionmaker was [NAME, TITLE].

5. Respondent's articulated reason was [____________], which I dispute as pretextual because [____________].

IV. EVIDENCE OF DISCRIMINATORY MOTIVE

6. Direct evidence: [____________].
7. Comparator evidence: [____________].
8. Pattern / disparate impact: [____________].

V. RETALIATION (if applicable)

9. I engaged in protected activity by [____________] on [__/__/____]. Respondent retaliated within [__] days in violation of Utah Code § 34A-5-106(1)(g).

VI. STATUTORY BASIS

10. I believe Respondent has violated the Utah Antidiscrimination Act, Utah Code § 34A-5-106, by discriminating against me because of [BASIS], and corresponding federal statutes [Title VII / ADEA / ADA / GINA / PDA].

6. Verification

I declare under penalty of perjury under the laws of the State of Utah and the United States that the foregoing is true and correct to the best of my knowledge and belief.

Signature of Charging Party: [____________________________]
Date: [__/__/____]

(Note: UALD historically required notarization; current rules permit declaration under penalty of perjury per Utah Code § 78B-18a-101. Confirm current practice with UALD intake officer; UALD provides free notary services at its Salt Lake City office.)

7. Filing Instructions

Part C — Right-to-Sue Procedure

Option 1 — Request to EEOC for Federal Notice of Right to Sue (Required for Federal Civil Action)

[FIRM LETTERHEAD]

Date: [__/__/____]
Via EEOC Public Portal and Certified Mail

U.S. Equal Employment Opportunity Commission
Phoenix District Office (Utah coverage)
3300 North Central Avenue, Suite 690
Phoenix, AZ 85012-2504

Re: Request for Notice of Right to Sue — EEOC Charge No. [____________]; Charging Party: [NAME]; Respondent: [EMPLOYER]

Dear EEOC Director:

Pursuant to 29 C.F.R. § 1601.28(a) and 42 U.S.C. § 2000e-5(f)(1), Charging Party [NAME] hereby requests the issuance of a Notice of Right to Sue (Form 161) in the above-referenced charge. More than 180 days have elapsed since the filing of the charge with the EEOC and the cross-filed UALD case on [__/__/____].

Charging Party elects to proceed with a private civil action in the U.S. District Court for the District of Utah and acknowledges that the action must be commenced within ninety (90) days of receipt of the Notice.

Charging Party further acknowledges that, under Utah Code § 34A-5-110, no private civil action lies in Utah state court for the discrimination claims at issue, and the EEOC Notice is therefore the sole right-to-sue authorization available.

Sincerely,

[ATTORNEY NAME], Utah State Bar No. [____________]
[FIRM]
[ADDRESS]
[PHONE] / [EMAIL]

cc: [Charging Party]
UALD (cross-file)

Option 2 — Request for Adjudicative Proceeding (Internal Utah Administrative Track)

[FIRM LETTERHEAD]

Date: [__/__/____]
Via Certified Mail and UALD Portal

Utah Antidiscrimination and Labor Division
160 East 300 South, 3rd Floor
P.O. Box 146630
Salt Lake City, UT 84114

Re: Request for Adjudicative Proceeding — UALD Case No. [____________]; Charging Party: [NAME]

Dear UALD Director:

Pursuant to Utah Code § 34A-5-107(6) and Utah Admin. Code R610-2, Charging Party [NAME] hereby requests an Adjudicative Proceeding within 30 days of UALD's Determination/Order issued on [__/__/____].

Charging Party requests assignment to a Utah Labor Commission Administrative Law Judge for a formal evidentiary hearing under Utah Code §§ 34A-5-107(6) and 34A-1-301 et seq., with right of appeal to the Utah Labor Commission Appeals Board under § 34A-5-108 and judicial review in the Utah Court of Appeals under § 34A-1-303.

Sincerely,

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

Part D — Pre-Suit Civil Complaint (Template) — FEDERAL COURT

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
[CENTRAL / NORTHERN] DIVISION

Case No.: [____________]
Judge: [____________]

COMPLAINT (Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq.; [ADEA / ADA / GINA / PDA as applicable]) — JURY TRIAL DEMANDED

Plaintiff [NAME] alleges as follows:

I. JURISDICTION AND VENUE

1. This Court has subject-matter jurisdiction under 28 U.S.C. §§ 1331 and 1343, and under 42 U.S.C. § 2000e-5(f)(3).

2. Venue is proper under 28 U.S.C. § 1391(b) and 42 U.S.C. § 2000e-5(f)(3) because the unlawful employment practices were committed in this district and Defendant maintains employment records in this district.

II. PARTIES

3. Plaintiff [NAME] is a citizen of the United States and a resident of [COUNTY] County, Utah.

4. Defendant [EMPLOYER] is a [STATE] [entity type] authorized to do business in Utah, with its principal Utah place of business at [ADDRESS]. Defendant employed fifteen (15) or more employees during the relevant period and is an "employer" within Title VII (42 U.S.C. § 2000e(b)) [and ADEA / ADA as applicable].

III. ADMINISTRATIVE EXHAUSTION

5. Plaintiff timely filed a Charge of Discrimination with the Utah Antidiscrimination and Labor Division (UALD Case No. [____________]) and cross-filed with the EEOC (EEOC Charge No. [____________]) on [__/__/____], within 180/300 days of the unlawful practice.

6. EEOC issued a Notice of Right to Sue on [__/__/____], received by Plaintiff on [__/__/____]. This action is timely under 42 U.S.C. § 2000e-5(f)(1).

7. Plaintiff acknowledges that, under Utah Code § 34A-5-110, no state-court action is available; Plaintiff's state-law claims are pursued exclusively through the UALD administrative process, while federal claims are pursued in this Court.

IV. FACTUAL ALLEGATIONS

8. Plaintiff was employed by Defendant as [TITLE] from [__/__/____] to [__/__/____].

9. Plaintiff is a member of one or more protected classes under Title VII / ADEA / ADA: [____________].

10. [Detailed factual allegations] [____________].

11. On [__/__/____], Defendant subjected Plaintiff to [adverse action].

12. Defendant's stated reasons were pretextual. [____________].

13. As a direct and proximate result, Plaintiff has suffered lost wages, lost benefits, emotional distress, mental anguish, humiliation, and loss of professional reputation.

V. CLAIMS FOR RELIEF

COUNT I — Discrimination on the Basis of [PROTECTED CLASS] in Violation of Title VII, 42 U.S.C. § 2000e-2(a)

14. Plaintiff incorporates the foregoing.

15. Defendant violated Title VII by [discriminating in / failing to / etc.].

COUNT II — Retaliation in Violation of Title VII, 42 U.S.C. § 2000e-3(a)

16. Plaintiff incorporates the foregoing.

17. Plaintiff engaged in protected activity. Defendant retaliated.

COUNT III — [ADEA / ADA / GINA / PDA] (as applicable)

18. [Allegations specific to additional federal statute.]

VI. PRAYER FOR RELIEF

WHEREFORE, Plaintiff demands judgment against Defendant for:

a. Declaratory judgment that Defendant's conduct violated Title VII [and other applicable federal statutes];
b. Permanent injunctive relief;
c. Reinstatement to Plaintiff's former position with full seniority, OR front pay in lieu thereof;
d. Back pay with prejudgment interest;
e. Compensatory damages pursuant to 42 U.S.C. § 1981a, including damages for emotional distress, mental anguish, humiliation, and loss of professional reputation;
f. Punitive damages pursuant to 42 U.S.C. § 1981a;
g. Reasonable attorney fees and costs pursuant to 42 U.S.C. § 2000e-5(k) and 42 U.S.C. § 1988;
h. Pre-judgment and post-judgment interest;
i. Trial by jury on all triable issues; and
j. Such other relief as the Court deems just.

JURY TRIAL DEMANDED pursuant to Fed. R. Civ. P. 38 and 42 U.S.C. § 1981a(c).

DATED: [__/__/____]

[ATTORNEY NAME], Utah State Bar No. [____________]
[FIRM]
[ADDRESS]
[PHONE] / [EMAIL]
Attorney for Plaintiff

Part E — Pre-Filing Checklist

Eligibility & Coverage

☐ Confirmed 15+ employees (Utah Code § 34A-5-102(1)(h))
☐ Protected-class basis identified under § 34A-5-106
☐ Adverse action(s) documented
☐ Religious-organization carve-out (SB 296) analyzed
☐ Sexual orientation / gender identity considered (state-law protected since 2015)

Deadlines (CRITICAL)

☐ UALD 180-day deadline calendared: [__/__/____]
☐ EEOC 300-day deadline calendared: [__/__/____]
☐ Federal 90-day post-RTSL deadline calendared: [__/__/____]
☐ 30-day Request for Review deadline calendared: [__/__/____]
☐ 30-day judicial-review deadline (Utah Court of Appeals) calendared: [__/__/____]

Exclusivity Analysis (§ 34A-5-110) — CRITICAL

☐ Client advised that NO Utah state-court civil action lies for UADA claims
☐ Client advised that state administrative process limits damages (no compensatory, no punitive, no jury)
☐ Federal forum routing analyzed (Title VII compensatory + punitive available; jury trial available)
☐ Hofer v. ConocoPhillips / Buckner v. Kennard exclusivity reviewed with client

Strategy

☐ Dual-track strategy decided (UALD admin + federal court after RTSL)
☐ Damages comparison (state admin vs. federal Title VII)
☐ Religious-organization defense analysis (SB 296 carve-outs)
☐ Forum-shopping considerations (D. Utah federal court)

Evidence

☐ Personnel file requested (Utah has no broad personnel-file statute; via subpoena or discovery)
☐ Pay records, W-2s collected
☐ Performance evaluations collected
☐ Discriminatory communications preserved
☐ Comparator evidence identified
☐ Witness list prepared
☐ Medical / mental health records (for federal compensatory claim)
☐ Litigation hold letter sent

Filing

☐ UALD Intake Questionnaire submitted
☐ Charge signed under penalty of perjury (notarization if currently required)
☐ Dual-filing with EEOC confirmed
☐ Voluntary mediation evaluated
☐ Service on Respondent confirmed
☐ Investigation timeline tracked

Federal Civil Action

☐ EEOC RTSL obtained / requested
☐ Federal Complaint drafted (Part D)
☐ Venue in District of Utah confirmed
☐ Jury demand included
☐ Compensatory and punitive damages plead per § 1981a
☐ Title VII / ADEA / ADA causes of action plead

Client Communications

☐ Engagement letter executed
☐ § 34A-5-110 exclusivity explained in writing
☐ State vs. federal damages limitations explained
☐ Administrative-track timeline explained (potentially 2+ years)
☐ Fee structure / fee-shifting under Title VII § 2000e-5(k) explained
☐ Settlement authority obtained

Sources and References

• UALD — Utah Antidiscrimination and Labor Division: https://laborcommission.utah.gov/divisions/utah-antidiscrimination-and-labor-uald/
• UALD — Employment Discrimination: https://laborcommission.utah.gov/divisions/utah-antidiscrimination-and-labor-uald/employment-discrimination/
• Utah Antidiscrimination Act (Utah Code §§ 34A-5-101 et seq.): https://le.utah.gov/xcode/Title34A/Chapter5/34A-5.html
• Utah Code § 34A-5-106 — Discriminatory practices: https://le.utah.gov/xcode/Title34A/Chapter5/34A-5-S106.html
• Utah Code § 34A-5-107 — Procedure for aggrieved person: https://le.utah.gov/xcode/Title34A/Chapter5/34A-5-S107.html
• Utah Code § 34A-5-110 — Exclusivity: https://le.utah.gov/xcode/Title34A/Chapter5/34A-5-S110.html
• Utah Senate Bill 296 (2015) — "Utah Compromise" (sexual orientation & gender identity): https://le.utah.gov/~2015/bills/static/SB0296.html
• Utah Administrative Code R610-2 — UALD Rules: https://adminrules.utah.gov/public/rule/R610-2/Current%20Rules
• Parsons Behle & Latimer, "Anti-Discrimination Laws: Utah": https://parsonsbehle.com/images/pdfs/CMJAntiD.pdf
• Disability Law Center — Filing an Employment Discrimination Complaint: https://disabilitylawcenter.org/resources/how-to-file-an-employment-discrimination-complaint/
• Hofer v. ConocoPhillips Co., 2014 UT App 232 (UADA exclusivity)
• Buckner v. Kennard, 2004 UT 78 (UADA exclusivity)
• EEOC Phoenix District Office (Utah coverage): https://www.eeoc.gov/field-office/phoenix/location
• EEOC — Filing a Charge of Discrimination: https://www.eeoc.gov/filing-charge-discrimination
• 42 U.S.C. § 1981a — Damages caps: https://www.govinfo.gov/app/details/USCODE-2023-title42/USCODE-2023-title42-chap21-subchapVI-sec1981a