Utah Discrimination Legal Questions

Damages for race discrimination in Utah can only be awarded through the state Labor Commission, and will usually include back pay, benefits, and sometimes attorney's fees.  There is no express limitation on a state recovery.  A person can seek damages, however, through a federal suit under the Civil Rights Act.  In a federal race discrimination suit, the plaintiff may recover back pay and benefits, future pay, pain and suffering and punitive damages.  Everything but back pay is limited based on the size of the employer.  The damage caps may be anywhere from $50,000 up to $300,000, for a very large employer. Nothing in this answer is intended to be taken as legal advice, which would require a thorough understanding of the circumstances in your particular situation.  If you need further assistance, you should seek a consultation with a qualified attorney.... Read More

As you know, sexual harassment in the workplace is an extremely serious issue.  Employers that fail to properly address it can often be held liable.  When it is a supervisor that is doing the harassment, and then retaliates against you for making the complaint, he is very clearly breaking the law. The applicable federal law in a case like this is the Civil Rights Act, which makes discrimination and harassment based on religion or sex illegal.  Before you can go to court for discrimination, you absolutely must file a charge of harassment with the Equal Employment Opportunity Commission.  Their staff will investigate the situation and attempt to reach a resolution.  If they cannot, which is true in most case, then the employee will get a Right to Sue Letter.  The timeline for filing a lawsuit after getting the letter is very strict.  You should also be aware that your employer and boss can in no way retaliate against you for filing a charge. There may be other legal options available to you.  Anyone that touches another person without permission, especially if the touching is harmful or offensive, can be held liable for assault and/or emotional distress.  Damages for such claims can include lost wages, medical bills, counseling costs, pain and suffering, and punitive damages.  As always, the wisdom of bringing this kind of lawsuit depends on many things, including the ability of the defendant to pay a judgment. Nothing in this answer is intended to be legal advice, which would require a thorough understanding of the circumstances in your particular case.  If you need further assistance, you should seek a consultation with a qualified attorney.... Read More