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Summary of differences between federal and state regulations
In Utah, an employer/former employer may disclose to a prospective employer, upon request of the prospective employer, information about employee/former employee job performance, conduct, or evaluation, unless he/she is not acting in good faith. An employer/former employer may be liable for disclosures not made in good faith. Lack of good faith may be shown if the employer/former employer discloses knowingly false information or intentionally misleading information or discloses the information with reckless disregard.
A school or school district must disclose to the Utah State Office of Education’s administrator of teacher licensing, information possessed and any recommendation the school or district has on a person, for teaching employment or teacher licensing purposes. However, a school or school district is free of liability relating to the disclosure, only if the information is provided in good faith.
Maliciously interfering in order to keep a person from obtaining or enjoying employment is not allowed. Blacklisting a discharged or resigned employee in order to prevent the employee from obtaining or keeping employment is also not allowed. Exchanging blacklists is prohibited.
State
Contact
Regulations
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
Federal
Contacts
None.
Regulations
None.