Full text of Utah Utah Code § 13-60-204 — Restrictions on employers., with citation guidance and answers to common questions.
§ 13-60-204. Restrictions on employers.
Effective 5/3/2023
13-60-204.
Restrictions on employers.
| (1) |
Except as provided in Subsection (2), an employer may not in connection with a hiring, promotion, retention, or other related decision:
| (a) |
access or otherwise take into consideration private genetic information about an individual; |
| (b) |
request or require an individual to consent to a release for the purpose of accessing private genetic information about the individual; |
| (c) |
request or require an individual or the individual's blood relative to submit to:
| (ii) |
a genetic procedure; or |
|
| (d) |
inquire into or otherwise take into consideration the fact that an individual or the individual's blood relative has:
| (i) |
taken or refused to take a genetic test; or |
| (ii) |
undergone or refused to undergo a genetic procedure. |
|
|
| (2) |
| (a) |
Notwithstanding Subsection (1), an employer may seek an order compelling the disclosure of private genetic information held by an individual or third party pursuant to Subsection (2)(b) in connection with:
| (i) |
an employment-related judicial or administrative proceeding in which the individual has placed his health at issue; or |
| (ii) |
an employment-related decision in which the employer has a reasonable basis to believe that the individual's health condition poses a real and unjustifiable safety risk requiring the change or denial of an assignment. |
|
| (b) |
| (i) |
An order compelling the disclosure of private genetic information pursuant to this Subsection (2) may only be entered upon a finding that:
| (A) |
other ways of obtaining the private information are not available or would not be effective; and |
| (B) |
there is a compelling need for the private genetic information which substantially outweighs the potential harm to the privacy interests of the individual. |
|
| (ii) |
An order compelling the disclosure of private genetic information pursuant to this Subsection (2) shall:
| (A) |
limit disclosure to those parts of the record containing information essential to fulfill the objective of the order; |
| (B) |
limit disclosure to those persons whose need for the information is the basis of the order; and |
| (C) |
include such other measures as may be necessary to limit disclosure for the protection of the individual. |
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Renumbered and Amended by Chapter
327, 2023 General Session
Frequently Asked Questions About Utah § 13-60-204
What does Utah Code § 13-60-204 cover?
Section 13-60-204 ("Restrictions on employers.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 13-60-204?
A common citation format is "Utah Code § 13-60-204" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 13-60-204 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
