Can an employer be liable for discrimination even if it did not intend to discriminate?

Yes, an employer in Utah can be liable for discrimination even if they did not intend to discriminate. This is because employment discrimination law in Utah, like other states, prohibits employers from taking adverse action against job applicants or employees based on characteristics protected by law such as age, race, sex, religion, national origin, or disability. This means that even if employers did not intend to discriminate, but unknowingly hired a less-qualified applicant because of a protected characteristic, they can still be held liable for discrimination. Other forms of unintentional discrimination also include not providing reasonable accommodations to employees with disabilities, treating employees differently based on their gender or national origin, and promoting or providing more opportunities to one group of employees over another. Even if employers do not mean to discriminate, these practices can still violate anti-discrimination laws. In general, employers should be sure to set policies and procedures that protect all employees and job applicants against discrimination. This can include conducting regular anti-discrimination training for all employees, having a consistent hiring process, and including equal opportunity statements in job postings. Additionally, employers should review their policies regularly to ensure they are compliant with the latest anti-discrimination laws.

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