Utah Hiring laws & HR compliance analysis

Utah Hiring: What you need to know

The Utah Antidiscrimination Act prohibits hiring practices that discriminate on the basis of race, color, sex, pregnancy, childbirth, pregnancy-related conditions, age (40 years and over), religion, national origin, disability, sexual orientation, or gender identity, unless the characteristic is a bona fide occupational qualification (UT Code Sec. 34A-5-101 et seq.). The Act states that an individual is “otherwise qualified” if he or she possesses the education, training, ability, moral character, integrity, work disposition, and other job-related qualifications that are required by the position and employer.
The Act applies to all public employers and to private employers with 15 or more employees. It does not apply to a religious organization, corporation sole, association, society, or educational institution.
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State agencies. State agencies are also covered by a separate law that requires affirmative action in hiring and prohibits discrimination in the state civil service on the basis of age, race, religion, disability, sex, national origin, ancestry, or political affiliation.
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, credit history check, or obtains a driving record, and
• The applicant consents.
The Act covers employers ...

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