UTAH EDUCATORS' RIGHTS PAMPHLET
« previous page | index page | next page »
a. Civil Rights. Federal and state laws prohibit employment discrimination on the basis of gender, religion, age, color, national origin and disability. All employees have a right to work in an environment free of conduct which perpetuates discrimination based on these protected classes. The EEOC has adopted rules designed to prevent sexual harassment. Age discrimination protects employees age 40 and over. Employers must make a reasonable accommodation for employees who have a disability. Before an employer must make a reasonable accommodation for an employee's disability, the employee must inform his/her supervisor about the disability and request accommodation. All of the civil rights laws require the employee file a written complaint within a short time after the employer took the discriminatory action against the employee-usually within 180 days. The complaint is filed with the EEOC (federal) or the Utah Anti-Discrimination and Labor Division (state).
b. The Family and Medical Leave Act (FMLA). FMLA requires school districts to provide leave to most employees employed for more than a year for reasons related to their own health, child birth, adoption, or foster care, and to take care of an ill relative. The law provides up to 12 weeks of unpaid leave for employees of school districts having more than 50 employees. Districts must pay earned sick-leave and may not terminate an employee during any part of the 12 week period whether or not there is earned sick-leave.
c. The Occupational Safety and Health Act (OSHA). OSHA is a federal act enforced by the state of Utah. OSHA requires all districts to provide a safe working environment for employees.
d. Utah Orderly School Termination Procedures Act (UOSTPA). The UOSTPA requires career educators be provided with due process before they can be involuntarily terminated. Due process means a career educator must be warned in writing at least 90 days before the end of the contract year his/her contract of employment is in question and given the reasons therefore and an opportunity to improve. If the educator does not improve, notice of termination must be given at least 60 days before the end of the contract term. If the career educator is terminated, s/he has a right to a statement of the reasons for the termination and a right to have those reasons justified before either an independent hearing officer or the board of education in a termination hearing. At the hearing, the educator has a right to hear the evidence against him/her, the right to cross examine the witnesses and question the documentary evidence and to present his/her side of the case. If the board decides to uphold the recommendation to terminate, the educator has a right to have the findings of fact supporting the decision in writing. The law requires provisional educators be given at least 60 days notice of intent to non-renew at the end of the contract term.
e. Utah Educator Evaluation Act (EEA). The EEA requires all educators be evaluated using valid and reliable criteria and procedures, i.e., related to their duties. Provisional educators are entitled to have a mentor assigned to them. The EEA requires districts that identify an educator as having performance problems in the evaluation provide the educator with a written remediation plan and assistance. In 1996, the Utah Court of Appeals ruled the EEA did not protect provisional educators from non-renewal. In 2002, the United States 10th Circuit Court of Appeals held career educators were entitled to the protections of the EEA.
f. Utah Professional Practices Act (UPPA). The UPPA creates a Professional Practices Advisory Commission to the State Board of Education. UPPAC establishes standards for professional competence and ethical behavior for certificated educators and has disciplinary power over educators who fail to meet those standards. The Commission's activities have expanded over the years and it now reviews the professional conduct of hundreds of educators each year. The Commission has a process for conducting hearings to determine whether an educator's license should be suspended or revoked.
g. Retirement. Full-time educators participate in the Utah Retirement Systems and the Social Security System. Districts pay 100% of the state retirement contribution and match the employee's payment to the Social Security system. There are substantial penalties for educators that retire before age 65 with fewer than 30 years of retirement credit. Before retiring, discuss your retirement rights with your UniServ director.
h. Unemployment Compensation. Educators are eligible for unemployment compensation if they are terminated from district employment unless terminated for serious misconduct. Educators do not qualify for unemployment compensation during summer months where they expect to continue employment next fall. While unemployment compensation was routinely paid 20 years ago, districts now often contest unemployment compensation applications.
i. Workers' Compensation. Educators are eligible for workers' compensation when they are injured on the job. State law requires employers to have workers' compensation application forms available. The form should be completed as soon as possible after a job-related accident. Claims not filed within one year are barred. While workers' compensation was almost automatically granted 20 years ago, most school districts often contest the application where questions of eligibility exist.
j. Dues Deductions. It may appear axiomatic, but public employees have not always had the right to have their dues deducted. Utah law gives public employees the right to have their employers deduct association dues.
k. Political Contributions. Until 2001, public employees had the right to have a political action deduction taken from their pay and contributed to a political action program. The 2001 Utah legislature enacted punitive restrictions on these rights prohibiting employees from making or school districts from collecting and paying contributions to a PAC. The legislation was ultimately ruled unconstitutional by state and federal courts. (As if this writing, the issue is on appeal in the federal courts.)
l. Right to Organize Without Employer Interference. The U.S. Constitution gives employees the right to associate with other individuals and join organizations. Utah's Right to Work law goes further prohibiting employers from interfering with Association attempts to organize, selecting its own representatives, and from engaging in activities that might discourage employees from joining. While most districts have no policy limiting the right of employees to organize (recruit members), some have restricted the right of employees to actively organize to certain times of the year. Employees can always organize off school time and premises.
m. Right to Hold Public Office. Educators have a right to hold public office except on the school board of the district where they are employed. Many districts provide leave to perform public service jobs.
n. Immunity and Indemnification. Educators have governmental immunity for acts or omissions occurring within the course and scope of employment, except for where the employee intentionally injuries individuals or property. Governmental immunity means Utah state courts will not hear civil cases against the school district or its employees except under limited conditions. Educators, members of the board of education and district employees do not have Utah governmental immunity in federal court for violations of federally protected rights. The Utah Governmental Immunity Act entitles employees to request defense and indemnification when sued for acts related to their employment. The request must be made in writing within a few days after the employee is served with a summons.
o. Educator Records. Educators have a right to request, examine and copy documents contained in their personnel file. They also have a right to obtain copies of most school district records. The Utah Governmental Records Access and Management Act makes certain parts of an educator's personnel records public, but restricts access to specific information such as an educator's evaluation and financial records.
UEA funded litigation during the 1960s and 1970s ensuring the right of educators to serve in the Utah legislature.