Applications - Utah

Summary of differences between federal and state regulations

There is no one federal law that specifically addresses employment applications, although there are record retention guidelines under a variety of federal laws (see the Recordkeeping topic) and non-discrimination provisions for hiring in general (see the Discrimination topic).

Except as otherwise provided by law, a person whose criminal conviction has been expunged may respond to any inquiry as though the conviction had not occurred. §77-40-104

Unless based upon a bona fide occupational qualification, or required by a federal government agency, an employer may not use any form of application for employment that expresses any discrimination in regard to race, color, religion, sex, pregnancy, national origin, age if over 40, or disability. §34A-5-106

Social Security number, date of birth, or driver’s license number

Employers may not request an applicant’s Social Security number, date of birth, or driver’s license number before either (a) making an offer of employment, or (b) before the time in the selection process when the employer would obtain a criminal background check, credit history, or driving record.

If the applicant was previously employed by that employer, the employer may not request this information before such time as the employer would conduct a review of internal records to determine (1) whether the employer terminated that employment for cause; or (2) whether the applicant failed a drug or alcohol test taken as part of the previous application for employment. The employer may only request the information that is necessary to conduct a review of internal records.

State

Contact

Labor Commission of Utah

Regulations

Utah Code Title 77, Chapter 40, §77-40-104

Utah Code Title 34A, Chapter 5, §34A-5-106

Social Security number, date of birth, or driver’s license number

Utah Code Title 34, Chapter 46, Sections 34-46-201 and -202

Federal

Contacts

None.

Regulations

None.