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.”
Enacted by Chapter 263, 2015 General Session
34-50-102 - Definitions.
As used in this chapter:
(1) “Department” means the Department of Veterans and Military Affairs, created in Section 71A-1-201.
(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; oran NGB 22, Utah National Guard Certificate of Release or Discharge.
(3) “Preference eligible” means the same as that term is defined in Section 71A-2-101.
(4) “Private employer” means the same as that term is defined in Section 63G-12-102.
(5) “Service member” means a currently serving member of the armed forces.
(6) “Veteran” means the same as that term is defined in Section 68-3-12.5.
Amended by Chapter 44, 2023 General Session
34-50-103 - Voluntary veterans preference employment policy — Private employment — Antidiscrimination requirements.
(1) A private sector employer may create a veterans employment preference policy.
(2) A veterans employment preference policy shall be: in writing; andapplied uniformly to employment decisions regarding hiring, promotion, or retention including during a reduction in force.
(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.
(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.
Amended by Chapter 44, 2023 General Session
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:
(1) Title 34A, Chapter 5, Utah Antidiscrimination Act; or
(2) any other state or local equal employment opportunity law.
Enacted by Chapter 263, 2015 General Session
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:
(1) a veteran or currently serving member of the armed forces; or
(2) a spouse of a veteran or currently serving member of the armed forces.
Amended by Chapter 333, 2020 General Session