Ryan B. Frazier

Ryan B. Frazier

Kirton McConkie PC

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Do you believe in religious accommodations?

Utah Employment Law Letter - March 2015 Ever since the first Pilgrims settled Massachusetts in 1620, religion has found a shelter—albeit an imperfect one—in what would become the United States. Many European settlers...more

3/27/2015 - EEOC EEOC v Abercrombie Reasonable Accommodation Religious Discrimination Title VII Undue Hardship

Utah passes historic legislation against sexual orientation and gender identity discrimination

On March 12, Utah Governor Gary Herbert signed into law newly enacted legislation aimed at preventing employment and housing discrimination against gays, lesbians, and transgender individuals. The monumental legislation...more

3/16/2015 - Boy Scouts Discrimination Exemptions Gender Discrimination Gender Identity LGBT New Legislation Religious Institutions Sexual Orientation Discrimination

Right on Target: Employer not liable for investigating wallet theft

Employee theft is a serious problem. Employers may suffer significant losses. When the victim is a third-party customer, the employer may lose customers, credibility, and goodwill. Either way, employers cannot look the other...more

10/27/2014 - Adverse Employment Action Appeals Corporate Counsel Employer Liability Issues Employment Policies Hiring & Firing Retailers Target Theft

Sex Discrimination--No debate. Decision to hire male professor not gender discrimination

Famous college football player and coach Bear Bryant is credited with saying, “I didn’t have a thing to do with picking a coach, and didn’t want to. But I didn’t think they’d pick one I didn’t like.” Bryant’s statement...more

7/15/2014 - Discrimination Employer Liability Issues Gender Discrimination Hiring & Firing Universities

Trade Secrets: Made for TV--Former director owes royalty for stealing source code

Acrimony, anger, revenge, piracy, and a legal battle—these are often the ingredients of a prime-time television drama. But in this case, they are not the makings of a plot found on cable, Netflix, or DVD. Instead, they are...more

5/14/2014 - Appeals Damages Former Employee Hiring & Firing Royalties Software Developers Trade Secrets Uniform Trade Secrets Acts

Evidence: Subjectivity By Itself Is Not Proof Of Unlawful Race Discrimination

The Bible contains the story of Gideon, who pared down an army of 32,000 to a meager 300 to defend his homeland. Gideon wasn’t looking for a large number of soldiers; rather, he was looking for a particular type of soldier....more

3/14/2014 - Discrimination Employer Liability Issues Hiring & Firing Racial Discrimination Termination

Utah Employment Law Letter - February 2014: WORKPLACE ISSUES: Legalization of same-sex marriage in Utah will affect employers

Traditionally, marriage has been defined in the United States and in the state of Utah as a legal relationship between a man and a woman. In 1996, Congress passed the Defense of Marriage Act (DOMA), which allowed states to...more

2/20/2014

Utah Employment Law Letter - January 2014: Religious Discrimination: Can’t be covered up: Applicant must request religious...

Often, employees and applicants hold religious beliefs and engage in religious practices that conflict with workplace rules and employment practices. Title VII of the Civil Rights Act of 1964 typically requires employers to...more

2/17/2014 - Civil Rights Act Reasonable Accommodation Religion Religious Discrimination Title VII

Blue Penciling - Hope for Unreasonable or Overbroad Non-Competes

Originally published in The Corporate Counselor - December 2012. Covenants not to compete are fairly common in employment agreements, especially where an employee may have access to confidential information or possess...more

12/24/2012 - Non-Compete Agreements Savings Clause

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