No. 33686 (5-year Review): Rule R606-5. Employment Agencies

DAR File No.: 33686
Filed: 05/28/2010 08:46:10 AM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Section 34A-5-104 gives the Commission jurisdiction over the subject of employment practices and discrimination made unlawful by Title 34A, Chapter 5. It also gives the Commission authority to adopt, publish, amend, and rescind rules, consistent with and for the enforcement of Title 34A, Chapter 5.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No written comments have been received during and since the last five-year review of the rule from interested persons supporting or opposing the rule.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

The Labor Commission continues to have jurisdiction over employment discrimination. This rule establishes that employment agencies share liability with the employer if the employment agency attempts to fill a position for an employer based on unlawful discriminatory criteria. It also establishes an exception for application forms asking for gender information, if the inquiry is made in good faith for a nondiscriminatory purpose and is based upon a bona fide occupational qualification. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Labor Commission
Antidiscrimination and Labor, Antidiscrimination
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Heather Gunnarson at the above address, by phone at 801-530-6921, by FAX at 801-530-7601, or by Internet E-mail at [e-mail]

Authorized by:

Sherrie Hayashi, Commissioner

Effective:

05/28/2010

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