Utah Employment Screening Overview
Utah maintains a moderately regulated employment screening environment with specific requirements for public employers, including ban-the-box restrictions that delay criminal history inquiries until after initial interviews, and mandatory E-Verify compliance for private employers with 150 or more employees under the Private Employer Verification Act.
The state permits drug testing under written policies, allows credit checks with consent for covered employers, and provides clean slate expungement protections. Federal requirements and local ordinances in areas like Salt Lake City may impose additional obligations.
What's Permitted
- Private employers may conduct credit checks with applicant consent under state law
- Drug and alcohol testing permitted for private employers with written policy
- E-Verify required for private employers with 150 or more employees under the Private Employer Verification Act
- Private employers may test for marijuana and take adverse action on positive results
What's Prohibited
- Requiring criminal history disclosure before initial interview (public employers)
- Excluding applicants from interviews based solely on criminal history (public employers)
- Inquiring about expunged records before conditional job offer (public employers)
- Failing to use E-Verify for new hires when employing 150 or more workers
Ban the Box Laws
Public Employers OnlyStatus Summary
Applies mainly to public employers; no pre-interview conviction or expunged-record inquiries, and no exclusion from initial interviews due to convictions; significant exemptions. Private employers generally exempt, except mental-health hiring. Utah Code §34-52-201 https://le.utah.gov/xcode/Title34/Chapter52/34-52-... §34-52-302 https://le.utah.gov/~2023/bills/hbillenr/HB0468.pd...
Key Requirements
Utah Code §34-52-201 (State Ban the Box — public employers)
State Ban the Box for public employers:
- Applies to public employers only.
- No conviction questions before initial interview.
- Cannot exclude applicants from initial interviews.
- No inquiry into expunged records pre-interview.
- May consider convictions during/after interview.
Source: https://le.utah.gov/xcode/Title34/Chapter52/34-52-...
Utah Code §34-52-302 (Mental‑health professional protections)
Specific protections for mental‑health applicant hiring:
- Covers mental‑health applicants in public/private.
- No juvenile‑arrest disclosure pre‑interview.
- No expunged‑record disclosure pre‑interview.
- May ask and consider after interview.
- Disqualify only if directly job‑related.
Source: https://le.utah.gov/~2023/bills/hbillenr/HB0468.pd...
Utah Antidiscrimination Act / Enforcement notes
Enforcement and federal compliance context:
- §34‑52 does not specify enforcement body.
- UALD enforces Utah Antidiscrimination Act.
- Violations may be discrimination claims.
- EEOC guidance applies to disparate impact.
- FCRA governs third‑party background checks.
Sources: https://le.utah.gov/xcode/Title34A/Chapter5/34A-5-... , https://laborcommission.utah.gov/divisions/utah-an...
Ban the Box Best Practices for Utah Employers
- Public employers: delay criminal-history questions until after interview
- Do not inquire about expunged records before interview or offer
- Apply individualized assessments considering offense, time, job-relatedness
- Document decisions, provide notice and opportunity to respond
- Private employers: follow EEOC guidance and FCRA procedures
Salary History Ban
NoNo Statewide Salary-History Ban
Statewide absence of a private-sector salary-history prohibition:
- No comprehensive statewide ban for private employers
- Utah Code contains no general prohibition
- Private employers may request salary history
- Must still follow anti-discrimination laws
- Check other states for remote employees' laws
Source: https://le.utah.gov/xcode/Title34a/C34A_1800010118...
Salt Lake City Salary History Ordinance
Local ordinance restricting salary-history inquiries by city hiring:
- Prohibits asking applicants' salary history
- Applies to Salt Lake City government hiring
- Voluntary disclosures cannot determine pay
- Require pay based on qualifications, market
- Effective since March 1, 2018
Source: https://www.slc.gov/
HB 180 (2025) — Failed State Executive-Branch Proposal
Proposed restriction that did not become law:
- Would have prohibited asking current or past compensation
- Applied only to executive branch agencies
- Enacting clause struck; bill failed March 7, 2025
- Not enacted; no change to current law
Source: https://le.utah.gov/Session/2025/bills/introduced/...
Salary History Best Practices for Utah Employers
- No statewide ban for private Utah employers.
- Salt Lake City prohibits salary-history inquiries in city hiring.
- HB 180 targeted executive branch; it did not pass.
- Base offers on qualifications, market data, and job value.
- Document compensation rationale; train hiring managers and recruiters.
Consumer Credit Checks
NoUtah's Employment Selection Procedures Act (Utah Code §34‑46) (https://le.utah.gov/xcode/Title34/Chapter46/C34-46... applies to employers with 15+ employees; credit checks permitted subject to FCRA (https://www.ftc.gov/legal-library/browse/statutes/... applicant consent required; two‑year retention limit; enforced by Labor Commission; fines up to $500.
Key Requirements
Utah Employment Selection Procedures Act (Utah Code Title 34, Ch. 46)
State rules on pre-offer data collection and retention: https://le.utah.gov/xcode/Title34/Chapter46/34-46-...
- Applies to employers with 15+ employees
- Prohibits pre-offer SSNs, DOBs, DLs
- Credit history allowed with applicant consent
- Requirement must apply uniformly to applicants
- Two-year retention limit for non‑hires
Fair Credit Reporting Act (FCRA) — federal
Federal consumer-reporting requirements for employers: https://www.ftc.gov/business-guidance/resources/us...
- Requires clear notice and written authorization
- Employers must comply with FCRA and Utah
- $75,000 salary exempts seven-year limits
- Bankruptcy reporting limit is ten years
- Certain adverse records barred after seven years
Utah Antidiscrimination Act
Protections against discriminatory use of credit information: https://laborcommission.utah.gov/divisions/utah-an...
- Prohibits discriminatory use of credit information
- Requires individualized assessments for adverse findings
- Enforced by Division of Antidiscrimination and Labor
- Applicants may file discrimination complaints
Credit Check Best Practices for Utah Employers
- Apply to employers with 15+ employees (size threshold)
- Obtain clear written consent before requesting credit reports
- Use credit information only for hiring decisions; conduct individualized assessments
- Retain non-hire credit data no more than two years
- Comply with FCRA, provide standalone notice and authorization
Marijuana Protection
Medicinal Marijuana
State employees holding valid medical cannabis cards are protected from adverse action based solely on positive tests absent evidence of on‑duty impairment; private‑sector employees receive no comparable protection. (https://le.utah.gov/xcode/Title34/Chapter38/34-38.... https://le.utah.gov/xcode/Title26/Chapter61/26-61....
Recreational Marijuana
Recreational marijuana is illegal; employers may test for marijuana and may discipline or refuse to hire employees who test positive, subject to UDATA procedural requirements and confirmed testing. (https://le.utah.gov/xcode/Title34/Chapter38/34-38....
Drug Testing Regulations
Utah’s Drug and Alcohol Testing Act (Utah Code §34‑38) permits employer testing under a written policy for specified purposes; requires compensated testing, HHS‑certified urine confirmations, employer‑paid costs; mandatory testing for nuclear waste handlers; medical cannabis protections limited to state employees.
Permitted Testing Types
Pre-Employment
Allowed when employer policy complies with Utah Code §34‑38.
Random Testing
Allowed if in employer policy; required for certain public roles.
Reasonable Suspicion
Allowed based on documented, contemporaneous supervisor observations per statute.
Post Accident
Allowed for workplace accidents when policy provides and procedures followed.
Workers' Compensation Discount
Utah law may deny workers' compensation for injuries resulting from drug or alcohol abuse.
Benefits can be reduced 15% for willful safety violations or failing a drug or alcohol test.
Best Practices
- Adopt and distribute a written drug-testing policy.
- Limit testing to permitted purposes: safety, accidents, suspicion, productivity.
- Confirm positives using HHS-certified labs for urine tests.
- Pay all testing costs and compensate employees during testing.
- Protect privacy: confidential results, limited disclosures, documented procedures.
Clean Slate Laws
StatewideUtah: automatic and petition-based expungement; public employers subject to ban‑the‑box; private employers may ask but must accept denials of expunged records; certain agencies/licensing boards retain access. See: https://le.utah.gov/xcode/Title77/Chapter40A/C77-4... https://bci.utah.gov/clean-slate-expungement/
E-Verify Requirements
Mandatory for Employers of a Certain SizeWho Must Use E-Verify
Private Employers — Private Employer Verification Act (Utah Code §§ 13-47-101 et seq.)
Private employers employing 150 or more employees must register with and use a status verification system (E‑Verify or equivalent); H‑2A/H‑2B workers are exempt. https://le.utah.gov/xcode/Title13/Chapter47/C13-47...
Federal Contractors — Utah Immigration Accountability and Enforcement Act (Utah Code § 63G-12-301 et seq.)
Contractors performing services for public employers must register and use a status verification system (E‑Verify) to verify new employees working on the contract, regardless of contract size. https://le.utah.gov/xcode/Title63G/Chapter12/63G-1...
Any other relevant groups — Federal I‑9 / DHS E‑Verify; Utah Admin. Rule R477-2 (state public employee I‑9 requirement)
Public employers verify under Utah law; all hires require federal Form I‑9; federal contractor E‑Verify requirements apply where federal procurement rules mandate. https://www.uscis.gov/everify https://rules.utah.gov/publicat/code_rtf/r477-002....
Background Check Regulations
Federal FCRA consumer‑reporting rules are the baseline; Utah adds state requirements: public employers must delay criminal‑history questions until an interview or conditional offer, and certain regulated employers must follow Utah BCI statutes for criminal‑history access and processes.
FCRA Compliance Process
Disclosure & Authorization
Provide clear, standalone written disclosure that a background check will be conducted. Obtain separate written authorization from the applicant before ordering the report.
Obtain Background Report
Order the background check from a Consumer Reporting Agency (CRA). Ensure the CRA is FCRA-compliant and provides accurate, up-to-date information.
Pre-Adverse Action Notice
If considering denying employment based on the report, provide the applicant with:
- Copy of the background report
- Copy of "A Summary of Your Rights Under the FCRA"
- Reasonable time to respond (typically 5 business days)
Adverse Action Notice
If final decision is made to deny employment, provide written notice including:
- Name, address, and phone number of the CRA
- Statement that the CRA did not make the decision
- Notice of right to dispute report accuracy
- Notice of right to request additional free copy within 60 days