Utah Code 34-46-201. Information collected

(1)

Except as provided in Subsection (2), an employer may not request the following information before an applicant is offered a job:

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Terms Used In Utah Code 34-46-201

Applicant: means an individual that provides information to an employer for the purpose of obtaining employment. See Utah Code 34-46-102
Division: means the Labor Commission's Division of Antidiscrimination and Labor. See Utah Code 34-46-102
Employer: means a person employing 15 or more employees within the state for each working day in each of 20 calendar weeks or more in the current or preceding calendar year. See Utah Code 34-46-102
Employment selection process: means the process by which an employer selects an individual to be an employee for the employer. See Utah Code 34-46-102
Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. ^{Source: OCC}
Record: means information that is:

(a)	inscribed on a tangible medium; or

(b)

(i)	received or stored in an electronic or other medium; and

(ii)	retrievable in perceivable form. See Utah Code 34-46-102
(a)	Social Security number;

(b)	date of birth; or

(c)	driver license number.

(2)

An employer may request the information listed in Subsection (1) before an applicant is offered a job only if:

(a)	the request for information is applicable to any applicant applying for the position for which the applicant is applying;

(b)

the information is requested during the time in the employer’s employment selection process when the employer:

(i)	obtains a criminal background check;

(ii)	obtains a credit history of an applicant for employment, subject to the requirements of the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq.;

(iii)

obtains a driving record of a driver from the Driver License Division in accordance with Section 53-3-104 or 53-3-420;

(iv)

subject to Subsection (3), conducts a review of the internal records of the employer to determine whether:

(A)	the applicant was previously employed by the employer; or

(B)	the applicant previously applied for employment with the employer; or

(v)

collects the information to provide it to a government entity for the purpose of:

(A)	determining eligibility for a government service, benefit, or program that requires that the information is collected on or before the day on which an offer of employment is made; or

(B)	participating in a government service, benefit, or program that requires that the information is collected on or before the day on which an offer of employment is made; and

(c)	the applicant consents to the employer taking the action described in Subsection (2)(b).

(3)	If the information listed in Subsection (1) is requested under Subsection (2)(b)(iv), the employer may only request that information listed in Subsection (1) that is necessary to conduct the review of the employer’s internal records.

(4)	An employer violates this section if pursuant to Subsection (2) the employer requests the information listed in Subsection (1), but fails to take the action described in Subsection (2)(b) for which the information is requested.

Amended by Chapter 2, 2009 Special Session 1
Amended by Chapter 2, 2009 Special Session 1

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