R477-2-3. Fair Employment Practice and Discrimination

  All state personnel actions shall provide equal employment opportunity for all individuals.

  (1) Employment actions including appointment, tenure or term, condition or privilege of employment shall be based on the ability to perform the essential duties, functions, and responsibilities assigned to a particular position.

  (2) Employment actions may not be based on race, religion, national origin, color, sex, age, disability, pregnancy, sexual orientation, gender identity, or protected activity under the anti-discrimination statutes, political affiliation, military status or affiliation or any other non-job related factor, except as provided under Subsection 67-19-15(2)(b)(ii).

  (3) An employee who alleges unlawful discrimination may:

  (a) submit a complaint to the agency head; and

  (b) file a charge with the Utah Labor Commission Antidiscrimination and Labor Division within 180 days of the alleged harm, or directly with the EEOC within 300 days of the alleged harm.

  (4) A state official may not impede any employee from the timely filing of a discrimination complaint in accordance with state and federal requirements.