Utah Code § 67-21-3.5

Administrative review of retaliatory action against a public entity employee
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67-21-3.5. 
Administrative review of retaliatory action against a public entity employee.
 
 
 
 (1) A public entity employee who believes that the employee's employer has taken retaliatory action against the employee in violation of this chapter may file a grievance with the Career Service Review Office in accordance with Section 67-19a-402.5 and subject to Section 67-21-4. 
 
 
 
 (2) If the Career Service Review Office determines that retaliatory action is taken in violation of this chapter against the public entity employee, the Career Service Review Office may order: 
 
 (a) reinstatement of the public entity employee at the same level held by the public entity employee before the retaliatory action; 
 
 
 
 (b) the payment of back wages, in accordance with Subsection 67-19a-406(5)(b); 
 
 
 
 (c) full reinstatement of benefits; 
 
 
 
 (d) full reinstatement of other employment rights; or 
 
 
 
 (e) if the retaliatory action includes failure to promote, as described in Subsection 67-19a-101(11)(d), a pay raise that results in the employee receiving the pay that the employee would have received if the employee had been promoted. 
 
 
 
 
 
 (3) A public entity employer has the burden to prove by substantial evidence that the public entity employer's action was justified. 
 
 
 
 (4) A public entity employee or public entity employer may appeal a determination of the Career Service Review Office as provided in Section 67-19a-402.5.

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