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Utah Employment Lawyers Association Attorney Tracy Olson represented an employee in a case with the UALD for allegations of discrimination based on sex and disability against their employer due to an injury they suffered while on the job. The charges filed against the employer included 1) failure to accommodate 2) Disparate Treatment Based on Disability or Sex, and 3) Retaliation. The employer denied the employee’s reasonable accommodation request stating that the employee did not meet the requirements of their job. The UALD found that the employee was able to establish all elements of a claim of failure to accommodate but could not establish the elements of the other claims, indicating that there was a reasonable cause to believe that the employer had violated the employees rights by failing to accommodate their disability, but no reasonable cause to believe that the employee was subject to disparate treatment due to their disability or sex, or subject to retaliation.  

The UALD ordered the employer to pay back pay to the employee, reinstate the employee immediately to their former position, restore the employee’s credit for pension, allow the employee to make contributions to his 457 Benefit plan that were missed during the lapse in their employment and the employer match as they would when the employee was previously employed, that the employer issue payment for holiday pay that was missed during the lapse in employment, restore the employee’s vacation that they would have earned during the lapse in employment, and pay the employee the allowance that was paid for boots and tools on the job that would have been earned for 2023. The UALD also awarded attorneys fees to Mr. Olson.  

The employer has appealed the matter for a de novo hearing before the Labor Commission.