Proposed Law Would Outlaw Workplace Sexual-Orientation Discrimination

By Jennifer W. Sanchez, The Salt Lake Tribune

Jan. 11–In what is believed to be a first in the Utah Legislature, one lawmaker is proposing a bill that would grant workplace anti-discrimination protection for employees based on “sexual orientation” and “gender identity.”

Rep. Christine Johnson, D-Salt Lake City, knows it’s going to be an uphill battle.

Johnson said many people have told her that they live in fear at work because they might be ridiculed, or even fired, for being openly gay, lesbian, bisexual or transgender. Her proposed HB89 would identify gender identity and sexual orientation as a basis for employer violation claims under the state’s anti-discrimination law. At the same time it would prohibit the use of quotas or preferences based on those characteristics.

“We all agree that discrimination is wrong,” Johnson said Thursday. “But it’s our responsibility as legislators to correct the problem when society doesn’t do it independently.”

Under the bill, religious organizations and businesses with fewer than 15 employees would be exempt.

If the bill passes, Utah would join 11 states that have added both sexual orientation and gender identity to their anti-discrimination laws. Nine more states have added only “sexual orientation” to state law.

In Utah, it is against state law for employers to discriminate against qualified employees based on race, color, sex, pregnancy, age (40 and over), religion, national origin or disability.

Gayle Ruzicka, president of the conservative Utah Eagle Forum, said being gay is a choice and opposes the proposal. She said if Johnson’s bill passes it would “spill over” into retirement and health insurance for gay partnerships.

“Homosexuals have a lot, a lot of jobs. They work everywhere,” she said. “Everybody gets discriminated against sometimes.”

Johnson — one of three openly gay Utah lawmakers — said she agreed to sponsor the proposal that was brought to her by Equality Utah, an advocacy group for lesbian, gay, bisexual and transgender people.

Will Carlson, Equality Utah’s public policy manager, said the bill stemmed from several complaints filed in 2007 to the state about such discrimination, as well as a federal court ruling that transsexuals are not a separate protected group of workers under federal and state laws that ban employment discrimination based on sex.

Johnson said it might take years to get the proposal passed. It took eight years to change the law in Colorado. Still, she’s going for it.

“It will provide healthy dialogue and educate the public, employers and my colleagues on the hill,” Johnson said.

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