Disability in the Workplace in Utah

Broadly speaking, disability describes “any condition of the body or mind (impairment) that makes it more difficult for the person with the condition to do certain activities (activity limitation) and interact with the world around them (participation restrictions)."1 Disabilities may be present from birth, develop during growth, or stem from injuries or illness. A person may have one disability or many; disabilities may be unrelated to each other or co-occurring. Disability can affect many parts of a person’s life, including employment. In the US, the Americans with Disabilities Act of 1990 (ADA) is meant to prevent employers from discriminating against job applicants and employees with disabilities.2 

In practice, though, the ADA has many limitations, including the practice of cities that evaluate their own accessibility efforts3 and people of marginalized identities encountering barriers to access and equity.4 People with disabilities are often underemployed and tend to face unique difficulties while holding employment,5 including losing disability benefits that are meant to supplement low income.6

This Topic in Utah

Disability and related health disparities are a crucial issue in Utah. Recent research from the Utah Department of Health and Human Services has shown that 1 in 4 Utah adults has a disability of some kind.7 However, the Utah legislation has consistently rejected legislation that would support disability rights at work, including bills that would help people access Medicaid or minimum wage.8 For example, during the January 2024 legislative session, state legislators struck down House Bill 205, which would have required Utah employers to pay disabled employees at least minimum wage.9 The Bill would have repealed existing exemptions in state law.10 Disability rights activists have argued the predominance of religious culture in Utah promotes a charity mindset in which individuals are praised for “not relying on government handouts;” these, they say, create stigma and further disadvantages for disabled people.11

Other complications stem from the fact that Utah is both a right-to-work and an employment-at-will state. Right to work limits the power of unions and collective bargaining.12 Employment at will means that an employee can be fired or let go for any reason not contrary to law.13 So while someone cannot be fired for having a disability, they can be fired for related reasons, such as if the accommodations they need clash with productivity or scheduling. For example, someone needing mental health care and having to miss multiple days of work can be let go for taking too many days off: this misrepresents what that employee needs and frames a genuine need as laziness. 

Yet simultaneously, Utah has taken steps to better serve employees and jobseekers with disabilities. In 2004, the state signed a joint resolution and partnered with the Equal Employment Opportunity Commission (EEOC) to review state policies for recruitment, hiring, and job accommodations.14 In 2007, then-governor Huntsman signed an executive order that ramped up the recruitment of Utah citizens with disabilities for state government jobs.15

Today, Utah state employees with disabilities can participate in one of two specific programs: the Alternative State Application Program, which provides pathways to recruitment and hiring, while the Work Ability Internship Program provides paid and work-based positions that enable individuals with disabilities to “learn new skills, establish a network of professional contacts, explore career paths in state government and increase readiness to obtain permanent employment."16 Such measures have led to Utah being ranked 3rd in the nation for employing people with disabilities.17