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Senate advances bill allowing labor commission to award liquidated damages in pay-discrimination cases
Summary
Senate sponsors described amended SB185 as expanding remedies in pay-discrimination cases by permitting the Labor Commission, following an administrative finding of discrimination, to award liquidated damages equal to back pay; sponsors said the change aims to keep cases in the administrative system and reduce federal litigation. The bill moved to the third-reading calendar after floor discussion and a call of the Senate.
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Senate floor sponsors described amended Senate Bill 185 as changing how wage-related discrimination claims are remedied in Utah. The sponsor (unnamed in the transcript) said the bill would allow the Labor Commission's administrative process, after a finding of discrimination, to award liquidated damages equal to back pay in certain cases where a respondent acted in good faith, rather than forcing every claimant into federal court to seek additional awards.
Advocates on the floor said Utah's current administrative remedy limits hearing officers to ordering back pay only, which can leave claimants under-compensated and incentivize federal litigation that is costlier for all parties. The sponsor told senators the change is intended to incentivize resolution within the state administrative process and reduce litigation costs, while clarifying that the proposal is not seeking punitive damages and that claimants still must meet a statutory burden of proving discrimination.
During floor discussion senators asked questions about how the change would affect litigation incentives and whether employers would face disproportionate exposure. The sponsor said the bill includes a good-faith showing that can eliminate liquidated damages, and emphasized that discrimination still must be proven to obtain any additional remedy. The Senate placed SB185 on the third-reading calendar and conducted procedural steps (including a call of the Senate) prior to roll-call action later in the session.
The transcript does not provide a final third-reading roll-call tally for SB185 in the sections provided; the matter was set for third reading and further floor action. Next steps: SB185 was placed on the third reading calendar for a forthcoming vote.
