93-0264. STEPHANIE CURRY Charging Party vs. UNIVERSITY OF UTAH TELECOMMUNICATIONS Respondent.

• Court: Utah

Utah Workers Compensation Decisions 1995. 93-0264. STEPHANIE CURRY Charging Party vs. UNIVERSITY OF UTAH TELECOMMUNICATIONS Respondent THE INDUSTRIAL COMMISSION OF UTAHSTEPHANIE CURRY, Charging Party, vs. UNIVERSITY OF UTAH TELECOMMUNICATIONS, Respondent.Case No. 93-0264ORDER DENYING MOTION FOR REVIEWStephanie Curry seeks review of an Order denying her request for an evidentiary hearing in the above entitled discrimination complaint. The Industrial Commission of Utah exercises jurisdiction over this Motion For Review pursuant to Utah Code Ann. §63-46b-12, Utah Code Ann. §34-35-7.1(5) and Utah Admin. Code R560-1-4.A.5. FINDINGS OF FACT 1. On February 8, 1994, following an informal investigation, the Director of the Anti-Discrimination Division of the Industrial Commission of Utah found no cause to conclude that University of Utah Telecommunications had unlawfully discriminated against Ms. Curry. 2. The Director's determination was mailed to the parties and specifically advised that any request for further review must be filed within 3 0 days. 3. Ms. Curry did not file a request for further review until June 14, 1994. 4. On July 8, 1994, Ms. Curry's request for review was denied by the Commission's legal counsel, on the grounds that Ms. Curry had elected to pursue her discrimination claim under federal law, thereby ending the Commission's jurisdiction to adjudicate Ms. Curry's discrimination claims under state law. 5. Ms. Curry then filed a Motion For Review with the Commission, alleging that she had not taken action to pursue her federal claims. Ms. Curry therefore asked the Commission to reassert jurisdiction over her discrimination claims under state law. DISCUSSION AND CONCLUSIONS OF LAW Section 34-35-7.1(16) of the Utah Antidiscrimination Act provides that an individual who has commenced an action for relief under federal antidiscrimination law may not proceed with a similar claim under Utah law. The Commission's legal counsel denied Ms. Curry's request for an evidentiary hearing in the...