§ 67-27-106 — Reasonable accommodations for government employees.

(1) As used in this section:
(1)(a) "Confidential information" means any:
(1)(a)(i) information related to an employee's request under Subsection (2); or
(1)(a)(ii) record created under Subsection (3) or (4).
(1)(b) "Conscience" means a sincerely held belief as to the rightness or wrongness of an action or inaction.
(1)(c) (1)(c)(i) "Employee" means an individual employed by a governmental entity.
(1)(c)(ii) "Employee" does not include:
(1)(c)(ii)(A) an elected official;
(1)(c)(ii)(B) an individual employed by the Legislature; or
(1)(c)(ii)(C) an individual who is appointed or employed to be on an elected official's personal staff to assist the elected official in fulfilling the elected official's duties.
(1)(d) "First responder" means:
(1)(d)(i) a law enforcement officer, as that term is defined in Section 53-13-103;
(1)(d)(ii) an emergency medical technician, as that term is defined in Section 53-2e-101;
(1)(d)(iii) an advanced emergency medical technician, as that term is defined in Section 53-2e-101;
(1)(d)(iv) a paramedic, as that term is defined in Section 53-2e-101;
(1)(d)(v) a firefighter, as that term is defined in Section 53H-11-306; or
(1)(d)(vi) a dispatcher, as that term is defined in Section 53-6-102.
(1)(e) "Governmental entity" means:
(1)(e)(i) the state;
(1)(e)(ii) a political subdivision of the state, including a county, city, town, school district, special district, institution of higher education, or special service district; or
(1)(e)(iii) an entity created by the state, including an agency, board, bureau, commission, committee, department, division, institution, instrumentality, or office.
(1)(f) "Retaliatory action" means any of the following actions taken by a governmental entity against an employee as a result of the employee filing a request under Subsection (2):
(1)(f)(i) a dismissal;
(1)(f)(ii) a reduction of compensation;
(1)(f)(iii) a failure to increase compensation by an amount that the employee is otherwise entitled to or was promised;
(1)(f)(iv) a failure to promote if the employee would otherwise be promoted; or
(1)(f)(v) a threat to take an action described in Subsections (1)(f)(i) through (iv).
(1)(g) "Task" means a specific job, duty, or function.
(1)(h) "Undue hardship" means a substantial burden, privation, or adversity on a governmental entity that would result from granting an employee's request to be relieved from performing a certain task when considering all relevant factors, including:
(1)(h)(i) the practical impact on the governmental entity in light of the nature, size, and operating cost of the governmental entity;
(1)(h)(ii) the disruption of the governmental entity's operations;
(1)(h)(iii) the nature of the employee's duties;
(1)(h)(iv) the number of employees the governmental entity will be required to grant a request to if the governmental entity grants the employee's request;
(1)(h)(v) the type of workplace; and
(1)(h)(vi) the number of requests by the employee in the preceding 12 months from the day on which the employee submitted the request.
(2) (2)(a) Except as provided in Subsection (2)(b), a governmental entity may not deny an employee's reasonable request to be relieved from performing a certain task if:
(2)(a)(i) performing the task would conflict with the employee's sincerely held religious beliefs or conscience;
(2)(a)(ii) the employee has complied with the requirements of Subsection (3); and
(2)(a)(iii) relieving the employee from the task would not impose an undue hardship on the governmental entity.
(2)(b) A governmental entity is not required to grant an employee's request under Subsection (2)(a) if:
(2)(b)(i) the request is to be relieved from performing a task that is part of training or safety instructions directly related to the employee's employment;
(2)(b)(ii) granting the request would result in a deficit in the amount of work for which the employee is compensated;
(2)(b)(iii) granting the request would create a conflict with an existing legal obligation and the governmental entity cannot avoid the conflict if the governmental entity grants the employee's request under Subsection (3);
(2)(b)(iv) the employee is a first responder and the request by the employee under Subsection (2)(a) is to be relieved from performing a task that involves protecting the safety of the public; or
(2)(b)(v) the employee's asserted religious beliefs or conscience described in Subsection (2)(a)(i) is being asserted for an improper purpose.
(3) Except as provided in Subsection (3)(b), an employee seeking to be relieved from performing a certain task under Subsection (2) shall:
(3)(a) (3)(a)(i) as soon as practicable but not more than two days after the day on which the employee received the assignment to perform the task, submit a written request to the employee's supervisor providing an explanation as to why the task would conflict with the employee's sincerely held religious beliefs or conscience; or
(3)(a)(ii) if the employee receives the assignment to perform the task within two days after the day on which the employee received the assignment, orally or in writing immediately request to be relieved from performing the task; and
(3)(b) provide the governmental entity with a reasonable opportunity to grant the employee's request or otherwise address the employee's concerns.
(4) (4)(a) Except as provided in Subsection (4)(c), a governmental entity that receives a request under Subsection (3) shall respond to the request as soon as practicable but at least five days before the day on which the certain task is required to be performed.
(4)(b) If a governmental entity denies an employee's request submitted as described in Subsection (3), the governmental entity shall include in the response required under Subsection (4)(a):
(4)(b)(i) an explanation of the governmental entity's decision and why:
(4)(b)(i)(A) granting the request would impose an undue hardship on the governmental entity; or
(4)(b)(i)(B) the governmental entity is not required to grant the employee's request for a reason described in Subsection (2)(b); and
(4)(b)(ii) that the employee may seek redress in a court as described in Subsection (6) if the employee has exhausted the internal process allowing the governmental entity to address the employee's concerns under Subsection (3)(b).
(4)(c) An employee and governmental entity may agree in writing to waive or extend the time limit described in Subsection (4)(a).
(5) (5)(a) A governmental entity may adopt a policy detailing the requirements of this section.
(5)(b) A policy adopted under Subsection (5)(a) shall:
(5)(b)(i) provide the governmental entity's employees a process for making a request under this section;
(5)(b)(ii) designate an individual to receive an employee request described in Subsection (3);
(5)(b)(iii) outline the information an employee is required to provide to the governmental entity in a request described in Subsection (3);
(5)(b)(iv) describe the process the employee is required to undertake to allow the governmental entity a reasonable opportunity to grant the employee's request or otherwise address the employee's concerns under Subsection (3)(b); and
(5)(b)(v) outline the process the governmental entity will use to evaluate a request received under Subsection (3) in determining if the request will impose an undue hardship on the governmental entity.
(5)(c) A governmental entity establishing a policy under this Subsection (5) shall ensure that:
(5)(c)(i) the governmental entity's employees receive notice of the policy and access to a copy of the policy when the policy is adopted or when an employee begins working for the governmental entity, whichever occurs first; and
(5)(c)(ii) if the governmental agency receives a request under Subsection (3), the governmental entity includes a reference to the governmental entity's policy in the governmental entity's response.
(6) (6)(a) An employee has a right of action against the governmental entity that employs the employee if:
(6)(a)(i) the employee has complied with Subsection (3) in good faith;
(6)(a)(ii) the employee has complied with any policy created under Subsection (5) after receiving notice and a reference of the policy as described in Subsection (5)(c);
(6)(a)(iii) the employee's asserted religious beliefs or conscience described in Subsection (2)(a)(i) is not asserted for an improper purpose; and
(6)(a)(iv) (6)(a)(iv)(A) granting the request would not have imposed an undue hardship on the governmental entity; or
(6)(a)(iv)(B) the governmental entity cannot meet an exception described in Subsection (2)(b).
(6)(b) An employee seeking to assert a right of action under this section shall bring the action in a court within 180 calendar days after the day on which the employee received the governmental entity's response described in Subsection (4).
(6)(c) If an employee establishes, by a preponderance of the evidence, that the employee meets the requirements described in Subsection (6)(a), the court:
(6)(c)(i) shall grant the employee relief by:
(6)(c)(i)(A) issuing an injunction ordering the governmental entity to relieve the employee from the specific task if the task is still to be performed; or
(6)(c)(i)(B) ordering the governmental entity to reinstate or rehire the employee, with an award of back pay, if the employee was constructively discharged, demoted, or terminated as a direct result of the governmental entity's violation of Subsection (2); and
(6)(c)(ii) may award to the employee reasonable attorney fees, and court costs.
(7) The classification of an employee's confidential information is governed by Title 63G, Chapter 2, Government Records Access and Management Act.
(8) A governmental entity may not take retaliatory action against an employee for submitting a meritorious request under Subsection (3).
(9) Nothing in this section:
(9)(a) limits the employee's right to bring any other claim the employee may have against the governmental entity; or
(9)(b) prevents a governmental entity from implementing a policy required by state or federal law.

Legislative History

Amended by Chapter 9, 2025 Special Session 1