In the Utah State Bulletin for September 1, 2014, the Utah Labor Commission proposes an amendment to its antidiscrimination regulations (R606-1). The amendment repairs an inadequate, ten-day time limit, and provides for the release of information held by the Division of Antidiscrimination and Labor.
Rule R606-1-3 extends the time for filing a response to a discrimination claim from the rather abrupt "ten working days" (two weeks) to a more reasonable thirty days (four weeks). This amendment appropriately addresses the timing issues---a question of fundamental fairness---but triggers the time from the date the claim is sent rather than the date it is received. The amendment also permits a response by email in addition to mailing and fax. The amendment also mandates that the response address each allegation in the discrimination claim along with any supporting evidence.
Procedurally, the amendment specifies that a failure to respond will be investigated, and may result in a determination without the nonresponding party being able to submit argument or evidence. A late response, moreover, is not to be considered.
A new Rule, R606-1-5, provides for release to parties of information obtained during investigations or proceedings. The rule seeks to ease party participation in antidiscrimination investigations. The Amendment requires the Division of Antidiscrimination and Labor to release information requested by a party in writing (R606-1-5(A)), unless
* the source of the information requests (and the Division agrees that) the information be considered confidential,
* the Division decides the information should be held confidential,
* the Division determines that releasing the information will somehow impede the investigation, or
* the information consists of
- is work product, - social security information,
- witness names, - bank account numbers, or
- medical records (including ADA questionnaires)
in the absence of an appropriate release.
R606-1-5(D).