Employee Expressive Activity under Utah Law

If your Utah business allows and encourages employees to post comments in their cubicles encouraging vaccinations because it is “the right thing to do,” must that same Utah business allow other employees to post comments in their cubicles taking a different perspective, perhaps posting opposition to vaccinations on religious or moral grounds?

In the current environment, the answer may shock you. In Utah, the answer for most businesses that employ more than 15 people is that the employer must allow the employee to post an opposing viewpoint. The Utah Antidiscrimination Act provides that, unless the expression is in direct conflict with the essential business interest of the business, the employer must allow all expressions of belief so long as they are made in “a reasonable, non-disruptive, and non-harassing way” if the employer allows any type of “religious or moral beliefs and commitments” in the workplace,

Moreover, the Act also prohibits that same employer from reviewing an employee’s social media posts and then terminating the employee because the employer is upset by the personal convictions of the employee. The statute prohibits employers from taking any action against an employee for “lawful expression or expressive activity outside of the workplace regarding her person’s religious, political or personal convictions” unless the “expression … is in direct conflict with the essential business-related interests of the employer.”

Utah employers should be careful to train their supervisory personnel about these uniquely Utah statutory provisions and closely monitor compliance.