Contact the UALD by phone or in person at our office to obtain the intake questionnaire. You can also download an Intake Questionnaire by clicking here.
Fill out the forms. Be as specific as you can in responding to the questions in the Intake Questionnaire.
Provide copies of any relevant documentation (keep your originals) that you believe supports your claim. -Examples of information relevant to your claim are:
If you would like an appointment with an intake officer or need assistance in filling out the forms, contact the office at (801) 530-6801 or toll-free at (800) 222-1238 to arrange an appointment with an Intake Specialist.
Your Intake Questionnaire will be reviewed by an Intake Specialist to make sure that your compliant meets the requirements for filing with our office. It is important that your Intake Questionnaire is filled out as completely as possible.
The Intake Specialist may contact you for further information.
If your Intake Questionnaire meets our filing requirements, the Intake Specialist will create a formal Charge of Discrimination for your review. Please review the Charge of Discrimination carefully to confirm that it is correct. This may be done in-person at our offices or by mail.
The Charge of Discrimination must be signed by you before a Notary. Notaries can be found in a bank or a library. The Division provides notary services free of charge, but you must be physically present with proof of your identity such as a driver's license or state-issued identification card.
The Charge of Discrimination will be assigned a case number and will be forwarded to Equal Employment Opportunity Commission (or "EEOC") for dual filing under applicable federal laws. Please note that you cannot file the same claim with both the Division and the EEOC.
Within 10 days or less, both you and the employer (or "Respondent") will receive a copy of the complaint by mail. The employer will also be requested to provide a response to your Charge of Discrimination. The Notice will also include a date for a Resolutions Conference.
The Resolutions Conference is a voluntary opportunity to mediate your Charge of Discrimination.
The Resolutions Conference is informal and voluntary.
The purpose of the Resolutions Conference is to bring the parties together, with a mediator provided by UALD to facilitate communication between the parties who are in disagreement, and see if the differences can be resolved before an investigation.
The Resolutions Conference is NOT a hearing on the facts of the case, and the Mediator will NOT issue a decision on the merits of your case.
Early resolution of the charge has many advantages, some of which include:
For more information about our mediation program or the Resolutions Conference, please click here.
How the Resolutions Conference Works:
If the Resolutions Conference is not successful in settling your case, it will be assigned for investigation.
The investigator will conduct any fact-finding that is necessary to make a decision about the facts of your case. This may include:
A Fact-Finding Conference may also be held. A Fact-Finding Conference is an opportunity for both sides to sit down with the investigator to discuss the case and present their evidence in more detail. A Fact-Finding is not a mini-trial, but rather is an opportunity for the sides to share information, on an informal basis, with the investigator and each other.
After the evidence has been gathered, the Division will issue a finding of whether or not there is "reasonable cause" or "no reasonable cause" to believe that illegal discrimination has occurred.
The parties will receive a copy of the Division's decision.
If you disagree with the Division's decision, you have several options:
You may request an evidentiary hearing before an Administrative Law Judge ("ALJ") with the Utah Labor Commission.
You may request a Substantial Weight Review by EEOC.
You may request a Right to Sue Notice.
Both you and the employer may offer to try to mediate or settle the case at any time in the process. A mediator or investigator can assist with settlement discussions.
You may withdraw your charge with the Division and request a Notice of Right to Sue (issued by EEOC) which can be used to file your case in federal district court.
Either party can obtain legal counsel or other representation at any time. The Division must have written Notice of Representation before it will communicate with your representative.
Both you and the employer are obligated to keep the Division informed of a current address and phone number. The Division may close your case if you cannot be located.
The parties are also required to cooperate fully with the process. The Division may close your case if you do not cooperate with the investigation.
It is illegal for an employer to retaliate against an employee because he or she has opposed any type of discriminatory treatment or because he or she has filed charges, testified, assisted or participated in any proceeding, investigation or hearing alleging discriminatory treatment protected by the law.
This protection applies not only to the complaining employee, but to all other employees who might participate in the investigatory process.
This protection applies regardless of the validity of the complaining employee's charge.
Persons needing reasonable accommodations, interpreters, or assistive devices due to a disability should contact the Division three days in advance of their appointment or hearing.