Appeal of Employment Discrimination Determination and Order
When a request for evidentiary hearing is filed with the Antidiscrimination and Labor Division, it is forwarded to the Adjudication Division to begin the adjudication process. A Scheduling Order is issued setting deadlines for the parties to exchange information and for the judge to make a ruling on a party’s motion to decide the case without a hearing. A hearing will be scheduled only after the judge makes a ruling on whether or not the case can be decided without a hearing. The Division conducts its hearings as “formal” hearings under the Utah Administrative Procedures Act.
An individual who is a party to a case may represent him/herself or have an attorney represent him/her. A corporation who is a party to a case must be represented by legal counsel who is licensed to practice law in Utah. Anyone representing a party to a case must also be licensed to practice law in Utah.
Employee State Law vs. Federal Law Remedies
When you request an evidentiary hearing after the Antidiscrimination Division has issued a Determination and Order, you have chosen an appeal track that will only consider claims under Utah state law. Federal law remedies, including punitive damages, are not available in this appeal. At any time before a final order is issued by the Commission in the appeal process, you may opt out and pursue a federal law remedy by requesting either a Substantial Weight Review by the EEOC or a Right to Sue Notice to take your claim to federal court. To do this, submit your request to the Antidiscrimination and Labor Division. If you opt for a different appeal, the state law appeal will be dismissed.