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Summary of differences between federal and state regulations
Arrest & conviction record inquiries
Applies to public employers. HB 156.
Effective May 8, 2017, the law restricts public employers from inquiring about an applicant’s conviction history prior to an initial interview, or prior to a conditional offer of employment if there is no interview. Exceptions exist for positions within law enforcement, criminal justice, care facilities, the Department of Alcoholic Beverage Control, the tax commission, and employers who perform financial functions.
Utah has no laws specifically prohibiting arrest or conviction record inquiries for private employers.
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
Contacts
Employer immunity from disclosure claims
Arrest record inquiries
Utah Anti-Discrimination & Labor Division
Utah Commission on Criminal and Juvenile Justice
Conviction record inquiries
Utah Anti-Discrimination & Labor Division
Regulations
Employer immunity from disclosure claims
Utah Code 34-42-1, Employer references – civil liability – rebuttable presumption – common law
Utah Code 53A-6-402, Evaluation information on current or prospective school employees — Notice to employee — Exemption from liability
Utah Constitution Article XII, Section 19, Blacklisting forbidden
Social security number, date of birth, or driver’s license number
Utah Code Title 34, Chapter 46, Sections 34-46-201 and -202
Arrest record inquiries
Utah Code 77-40-104, Petition—Expungement of records of arrest, investigation, and detention—Eligibility condition—No filing fee
Federal
Contacts
Employer immunity from disclosure claims
None.
Arrest record inquiries
Equal Employment Opportunity Commission (EEOC)
Conviction record inquiries
Equal Employment Opportunity Commission (EEOC)
Regulations
Employer immunity from disclosure claims
None.
Arrest record inquiries
None; however, EEOC published the enforcement guidance, Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, on April 25, 2012.
Conviction record inquiries
None; however, EEOC published the enforcement guidance, Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, on April 25, 2012.