§ 52-3-4. Exceptions in towns and rural areas.

(1) In a town, as defined in Section 10-1-104, this chapter shall not apply to the employment of uncles, aunts, nephews, nieces, or cousins. (2) This chapter shall not apply to the employment of a relative if: (a) fewer than 3,000 people live within 40 miles of the primary place of employment, measured over all weather public roads; (b) the job opening has had reasonable public notice; and (c) the relative is the best qualified candidate for the position. (3) In any proceeding challenging the hiring of a relative under the exception in Subsection (2), the employer has the burden of establishing each of the criteria provided in Subsections (2)(a) through (c).