Utah Pre-Employment Inquiries (Interviewing) laws & HR compliance analysis

Utah Pre-Employment Inquiries (Interviewing): What you need to know

The Utah Antidiscrimination Act prohibits inquiries on job applications and in interviews that express any “limitation, specification, or discrimination” as to race, color, religion, sex, pregnancy (including childbirth and pregnancy-related conditions), national origin, age (40 years of age and over), disability, sexual orientation, or gender identity, unless there is bona fide occupational qualification (BFOQ) or a requirement for government security reasons (UT Code Sec. 34A-5-101 et seq.). The Act covers all public employers and private employers with 15 or more employees.
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BFOQ exception. The BFOQ exception allows an employer to make an employment inquiry only in cases in which a characteristic applying to an employee is necessary to the operation of the employer's business or is the essence of the employer's business (UT Code Sec. 34A-5-102). For example, being female would be a legitimate BFOQ for a person applying for a job as a model of women's clothing. The BFOQ exception applies only in limited circumstances, and in general, courts have been extremely reluctant to sanction otherwise discriminatory practices on BFOQ grounds. Employers should use caution in relying on the BFOQ rationale.
The Utah Employment Selection Procedures Act prohibits employers from requesting the following information before an applicant is offered a job:
• Social Security number,
• Date of birth, or
• Driver's license number
The information may be requested before an applicant is offered a job if:
• The request applies to all applicants for the job in question;
• The information is requested during the time in the employer's selection process when the employer conducts a criminal background check, ...

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