Viktron/Lika Utah, Petitioner, v. Labor Commission and Joyce R. Wright, Respondents., 2001 UT App 394

Summary

The employee filed several complaints with her employer about her supervisor, which led to an internal investigation of the supervisor for gender-based harassment. The employee was terminated for insubordination hours after she lodged her last complaint. The employer admitted that it terminated the employee subsequent to her complaints of discrimination. The appellate court found that: (1) the board's ruling was insufficient on the issue of whether the employee had a good faith, reasonable belief that she had engaged in protected opposition to discrimination under Utah Code Ann. § 34A-5-106, (2) there was sufficient evidence to support the board's finding of a causal connection between the protected activity and the discharge, and (3) if the board determines on remand that the employee satisfied the first prong of good faith, reasonable engagement in protected opposition, the employee has established her case of retaliation.