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Utah's age discrimination agency rarely favors workers

Posted at 9:37 PM, Feb 02, 2023
and last updated 2023-02-03 13:12:21-05

SALT LAKE CITY — Robert Wendorf told administrators at the school district that older workers were being discriminated against and was then dismissed, so he filed a complaint with the Utah Antidiscrimination and Labor Division (UALD).

An investigator from the agency ruled there was “no cause” to sustain Wendorf’s complaint, and according to data reviewed by FOX 13 News, he's not the only one.

Over the last five years years, UALD ruled in favor of workers in 1.5 percent of the cases it closed, a slight improvement from the 0.7 percent rate found in an 2017 audit, but still lower than states surrounding Utah.

“The reason it's a dumpster fire is because there's not enough resources,” said Lauren Scholnick, an employment attorney who also teaches at the University of Utah’s law school.

Age discrimination claims can be brought by workers 40 years old and over.

The law also allows cases to brought for discrimination on the basis of race, gender, sexual orientation, religion, and disability, among other protected classifications.

Scholnick was not involved in Wendorf’s case, but has long been critical of Utah’s discrimination investigations, saying there are not enough investigators or intake people to handle the caseload.

Workers who believe they have been discriminated against (or retaliated against for complaining about discrimination) must file a complaint with either UALD or the U.S. Equal Employment Opportunity Commission before they can file a lawsuit.

But for workers who don’t want to sue or can’t afford an attorney, a “no cause” finding like Wendorf’s can be devastating, Scholnick explained.

It means UALD won’t order the employee be reinstated, receive backpay, or order training at the workplace.

“UALD is a lot of times the first, middle and last word that they're ever going to get on their employment discrimination claim,” says Scholnick.

But UALD’s parent organization, the Utah Labor Commission, contends that the 1.5 percent rate is not a good indicator of the group, as often cases are settled before an investigation is complete, says commission spokesperson Eric Olsen.

“It's a heavy burden of proof to prove a discrimination claim,” Olsen said.

UALD has eight investigators, all lawyers, who have a load of 30 cases at a time. They close an average of 531 cases a year, according to Olsen.

But UALD no longer holds hearings after testimony in 2017 before Utah legislators found it rarely did do so, and the legislature stripped UALD's authority.

“They do really good work,” Olsen said of the investigators, “and we put them up against up against just about just about anybody out there.”

But interviews by FOX 13 News with lawyers found that they don't trust UALD, and they will more often send clients to the EEOC.

It rules in favor of workers in about 3.5% of cases, though it has less authority than UALD to order employers to implement changes.

Wendforf was 46 years old in 2018 when he received his termination notice from the Salt Lake City School District.

“Within two months, I was diagnosed with Stage 4 prostate cancer,” Wendorf said. “I would have had better benefits, income.”

UALD could have ordered Wendorf and his pay and medical benefits reinstated, but he relied on COBRA insurance and a GoFundMe campaign started by his family.

“They did not do a proper investigation,” Wendorf said.

Wendorf’s attorney appealed to a state board, which again ruled against the discrimination claim, but found that Wendorf had been retaliated against.

Wendorf and the school district settled his case in July 2022, according to documents obtained by FOX 13 News. He received $60,000, plus another $40,000 for his legal fees.

“It'll never be enough for what I went through,” Wendorf said.

Salt Lake City Schools has denied discriminating or retaliating against Wendorf; the settlement says it denies liability.

Wendorf and employment lawyers have advice for anyone who believes he or she was discriminated against at work: Review the employer's discrimination and retaliation policy, document everything, and consult a lawyer.

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