LAYTON -- A 35-year-old former Layton woman was horrified to learn Utah's discrimination laws do not protect her.
In sexual harassment cases, Utah's law does not cover businesses with fewer than 15 employees.
The woman, who has since moved to a different county, worked for a mortgage company from 2007 to 2008 and says she was sexually harassed.
The woman, who was a single mom of four, knew her female boss and a male employee in the small business of fewer than 10 employees were intimately involved with each other.
"It was pretty obvious they were having an affair," she said.
The woman said she ignored the situation because the job paid well and "I wanted to do everything I could to protect it."
Then she began receiving sexually explicit text messages from the male employee and was exposed to pornography before things got even worse.
She finally told her co-workers she had enough and did not want to be involved in their relationship any more.
Shortly thereafter she was demoted, and three weeks later was laid off, she said.
Thinking she had a legitimate complaint, she reported the sexual harassment to Utah's Anti-Discrimination and Labor Division.
However, the woman received her biggest shock when she learned Utah's law does not cover businesses with fewer than 15 employees.
"Utah's EEOC won't support you or protect you," the woman said.
Monica Austin, a case manager for the Utah Discrimination and Labor Division, said the Legislature has limited what her office can do.
"Anyone can file a complaint," Austin said.
But her office has no jurisdiction over businesses with fewer than 15 employees, which is the same as the federal law.
Utah's law is similar to several other states, which mirror the federal law.
If the business has two employees in Utah and additional employees in other states, then the case can move up federally, if the number adds up to 15.
Patricia McMahon, public information officer with the U.S. Equal Employment Opportunity Commission, said each state is allowed to set its own number.
Colorado will investigate cases even if the business has fewer than 15 employees.
Montana and California also are more liberal. California will investigate any case in any business with at least one employee.
Idaho's law covers businesses with 15 or more employees like Utah and the federal law.
Employees of small businesses who believe they have been sexually harassed do have other options, officials said.
They can file a criminal complaint with police, and they can also file a civil lawsuit.
The woman tried to file a criminal complaint but was told by police there was not enough evidence for criminal charges.
She then talked to two private attorneys about filing a civil lawsuit but both refused to take the case, saying it would be too costly and difficult to prove.
"Essentially, they said it's a 'he-said, she-said,' case," the woman said.
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