Utah recently passed the Employment Selection Procedures Act (Utah Code 34A-1-202), which went into effect on May 12, 2009. This new law prohibits what types of personal information an employer with over 15 employees in the state of Utah may require an applicant to provide in the pre-employment context.

Specifically, the law states that employers may not request information related to an applicant's Social Security Number, date or birth, or driver license number until:

1. The applicant is offered a job;
   
   OR
   
   
2. The time when the employer obtains a criminal background check, credit check, or driving record check to which the applicant has consented.
   

Employers subject to this law may also not use information about an applicant for any other purpose than to determine whether the employer will hire the applicant as an employee. The law additionally places requirements for employers to maintain a policy regarding the retention, disposition, access, and confidentiality of this information. Finally, employers may only keep such information about applicants about whom they do not hire for a period of two years after obtaining the information from the applicant.


For a copy of Utah Code 34A-1-202, click here:

Utah Code 34A-1-202



NOTE: This summary is being provided solely as a courtesy. It is intended to provide a brief snapshot of legislation potentially affecting end-users. It should not be construed as providing a comprehensive discussion of this or any law. This summary should not be construed in any way as legal advice. Parties receiving this summary are encouraged to consult with legal counsel to ensure that they are complying with all applicable laws affecting end-users in their jurisdictions.