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Breastfeeding Permitted in Any Place of Public Accommodation in Utah

05/03/18

Author: ADP Admin/Tuesday, May 1, 2018/Categories: Compliance Corner , Utah

On March 3, 2018, Utah amended its civil rights law to prohibit discrimination based on pregnancy in business establishments, entities regulated by the state, and places of public accommodation. “Pregnancy" includes pregnancy or a pregnancy-related condition, such as breastfeeding, lactation, or a medical condition related to breastfeeding.

“Place of public accommodation" includes every place, establishment, or facility of whatever kind, nature, or class that caters or offers services, facilities, or goods to the general public for a fee or charge and every place, establishment, or facility that caters or offers services, facilities, or goods to the general public gratuitously if the place, establishment, or facility receives any substantial governmental subsidy or support. “Place of public accommodation” does not include an institution, church, apartment, house, club, or place of accommodation that is in nature distinctly private, except to the extent that the institution, church, apartment, house, club, or place of accommodation is open to the public.

Importantly, the amendment also creates the Utah Breastfeeding Protection Act (Act). The Act provides that a woman may breastfeed in any place of public accommodation.

Coverage: Employers with employees in Utah.

Effective: May 8, 2018

Action Required: You should familiarize yourself with your new obligations. You should also modify your policies and/or practices to ensure that your supervisors are prepared to receive and respond to your employees’ requests for accommodation or notify the appropriate employer representative of such requests.

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