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Utah recently passed the Employment Selection Procedures Act, Utah Code 34A-1-202, which prohibits what personal information an employer with more than 15 employees in the state of Utah may require an applicant to provide during the pre-employment process.

This new law, passed May 12th, specifically states that employers may not request information related to an applicant’s social security number, date of birth or driver’s license number until:

1) the applicant is offered a job, or

2) 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 data 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. Also, employers may only keep such information about applicants whom they do not hire for a period of two years after obtaining the data.

Questions about how this affects your pre-employment screening? Please contact Corporate Screening Support at 800-229-8606 and select option 3, or contact your Account Representative.