Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Disability Employment topic
No spam. Unsubscribe anytime.
House approves state-level employment remedy tied to ADA after floor debate on enforcement role
Summary
Lawmakers approved a substitute to House Bill 228 that creates a state avenue for employment discrimination complaints under the Americans with Disabilities Act and assigns processing to the Industrial Commission; opponents warned the bill would make the state the enforcer instead of the U.S. Justice Department.
The Utah House approved a substitute to House Bill 228 on Feb. 26 that directs employment-related disability-discrimination complaints to be processed at the state level through the Industrial Commission.
Sponsor Representative Jorgensen said the measure focuses on the employment section of the Americans with Disabilities Act and would provide a state remedy and an educational function for employers and employees. "This allows, in a similar way, if you're hurt on a job, you go to the Industrial Commission," Jorgensen said, arguing the process would make accommodations and compliance more accessible within state systems.
Representative Hunsaker spoke at length against the substitute, warning it would represent a substantial policy shift. "If we adopt this bill, we are undertaking a major policy change that the state will now absorb the responsibility of enforcement," Hunsaker said, adding that enforcement is currently handled by the U.S. Justice Department and that taking on that role carries funding and constitutional considerations. Hunsaker urged that the issue be sent to an interim study so legislators can examine administrative and budget implications before taking on enforcement duties.
Other members expressed sympathy with the bill's intent to protect workers with disabilities. Supporters said the substitute had been refined and endorsed by industry and advocacy groups, and that it would help employers and employees work toward reasonable accommodation.
The House voted on the substitute and later recorded final passage of the measure. The clerk announced the vote tally on the floor as recorded in the session. Following the vote, the body recessed for caucus.
