Christensen v. Utah Labor Comm’n
Christensen v. Utah Labor Comm’n, 2025 UT 55 (Petersen, C.J.)
Employment
The Utah Supreme Court held:
- The court of appeals correctly adopted the proper standard for an “adverse action” under the Utah Antidiscrimination Act, but instead of applying that standard itself, it should have remanded.
- Supreme court caselaw does not prevent Labor Commission from awarding statutory attorney fees or from ensuring that the amount awarded is reasonable.
- Practice Tip: Under the Utah Antidiscrimination Act, an “adverse action” is an action that would likely dissuade a reasonable worker from making or supporting a charge of discrimination.
- Practice Tip: An appellate court may apply a newly adopted legal standard only where the factual record in the trial court is sufficient to accommodate the new standard.