Legislative Update for Utah Employers

Nick Fishman

The state of Utah recently passed the Selections Procedures Act (HB206) that states that employers may not request information related to an applicant’s social security number, date of birth or drivers license number until either:

  • The applicant is offered a job OR
  • The time when an employer obtains a criminal background check, credit check or driving record check to which the applicant has consented

According to Seyfarth Shaw labor and employment attorney Pam Devata “Employers subject to this law may also not use information 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.  Finally, employers may only keep such information about applicants about whom they do not hire for a period of two years after obtaining the information from the applicant.”

State of Utah employers take note that this law went into effect on May 12, 2009 and compliance is mandatory.

View Utah HB206

Nick Fishman
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Nick Fishman

Nick Fishman is the co-founder of EmployeeScreenIQ, a leading, global employment background screening provider, and serves as the company’s executive vice president and chief marketing officer. He pioneered the creation of EmployeeScreen University, the #1 educational resource on employment background checks for human resources, security and risk management professionals. A recognized industry expert, Nick is a frequent author, presenter and contributor to the news media. Nick is also a licensed private investigator in the states of Ohio and Texas.
Nick Fishman
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