34-50 - Veterans Preference in Private Employment Act

Title 34 > 34-50

Sections (5)

34-50-101 - Title.

This chapter is known as the “Veterans Preference in Private Employment Act.”

34-50-102 - Definitions.

As used in this chapter: 34-50-102(1) “Department” means the Department of Veterans and Military Affairs, created in Section 71A-1-201. 34-50-102(2) “Discharge document” means a document received by a service member upon separation from military service, including:

a DD 214, United States Department of Defense Certificate of Release or Discharge from Active Duty; a DD 256, United States Department of Defense Honorable Discharge Certificate; a DD 257, United States General Discharge Certificate; or an NGB 22, Utah National Guard Certificate of Release or Discharge. 34-50-102(3) “Preference eligible” means the same as that term is defined in Section 71A-2-101. 34-50-102(4) “Private employer” means the same as that term is defined in Section 63G-12-102. 34-50-102(5) “Service member” means a currently serving member of the armed forces. 34-50-102(6) “Veteran” means the same as that term is defined in Section 68-3-12.5.

34-50-103 - Voluntary veterans preference employment policy — Private employment — Antidiscrimination requirements.

34-50-103(1) A private sector employer may create a veterans employment preference policy. 34-50-103(2) A veterans employment preference policy shall be:

in writing; and applied uniformly to employment decisions regarding hiring, promotion, or retention including during a reduction in force. 34-50-103(3) A private employer may require a preference eligible individual to submit a discharge document form or proof of current service in the armed forces to be eligible for the preference. If the applicant is the spouse of a veteran or service member, the employer may require that the spouse submit the veteran’s discharge document or proof of current service in the armed forces. 34-50-103(4) A private employer’s veterans employment preference policy shall be publicly posted by the employer at the place of employment or on the Internet if the employer has a website or uses the Internet to advertise employment opportunities.

34-50-104 - Antidiscrimination act.

The granting of a veterans preference by a private employer in accordance with this chapter is not a violation of: 34-50-104(1) Title 34A, Chapter 5, Utah Antidiscrimination Act; or 34-50-104(2) any other state or local equal employment opportunity law.

34-50-105 - Verification of eligibility.

The department and the Department of Workforce Services may assist, as permitted under state and federal laws governing privacy, a private employer in verifying if an applicant is: 34-50-105(1) a veteran or currently serving member of the armed forces; or 34-50-105(2) a spouse of a veteran or currently serving member of the armed forces.