32B-15-202 (Effective 07/01/11) - Liability for employees -- Employee protected in exercising judgment.
32B-15-202 (Effective 07/01/11). Liability for employees -- Employee protected inexercising judgment.
(1) (a) Except for a violation of Subsection 32B-15-201(2), an employer is liable for theactions of its staff in violation of this chapter.
(b) This Subsection (1) does not apply to a business licensed in accordance with Chapter7, Off-premise Beer Retailer Act, to sell beer at retail only for off-premise consumption.
(2) An employer may not sanction or terminate the employment of individual staff of aretail licensee or other establishment serving an alcoholic product as a result of the staff havingexercised the staff's independent judgment to refuse to sell an alcoholic product to a person thestaff considers to meet one or more of the conditions described in Subsection 32B-15-201(1)(b).
(3) An employer who terminates an employee or imposes sanctions on the employeecontrary to this section is considered to have discriminated against that employee and is subjectto the conditions and penalties set forth in Title 34A, Chapter 5, Utah Antidiscrimination Act.
Enacted by Chapter 276, 2010 General Session