Full text of Utah Utah Code § 34-46-201 — Information collected., with citation guidance and answers to common questions.
§ 34-46-201. Information collected.
34-46-201.
Information collected.
(1)
Except as provided in Subsection (2), an employer may not request the following information before an applicant is offered a job:
(a)
Social Security number;
(b)
date of birth; or
(c)
driver license number.
(2)
An employer may request the information listed in Subsection (1) before an applicant is offered a job only if:
(a)
the request for information is applicable to any applicant applying for the position for which the applicant is applying;
(b)
the information is requested during the time in the employer's employment selection process when the employer:
(i)
obtains a criminal background check;
(ii)
obtains a credit history of an applicant for employment, subject to the requirements of the Fair Credit Reporting Act, 15 U.S.C. Sec. 1681 et seq.;
(iii)
obtains a driving record of a driver from the Driver License Division in accordance with Section 53-3-104 or 53-3-420;
(iv)
subject to Subsection (3), conducts a review of the internal records of the employer to determine whether:
(A)
the applicant was previously employed by the employer; or
(B)
the applicant previously applied for employment with the employer; or
(v)
collects the information to provide it to a government entity for the purpose of:
(A)
determining eligibility for a government service, benefit, or program that requires that the information is collected on or before the day on which an offer of employment is made; or
(B)
participating in a government service, benefit, or program that requires that the information is collected on or before the day on which an offer of employment is made; and
(c)
the applicant consents to the employer taking the action described in Subsection (2)(b).
(3)
If the information listed in Subsection (1) is requested under Subsection (2)(b)(iv), the employer may only request that information listed in Subsection (1) that is necessary to conduct the review of the employer's internal records.
(4)
An employer violates this section if pursuant to Subsection (2) the employer requests the information listed in Subsection (1), but fails to take the action described in Subsection (2)(b) for which the information is requested.
Amended by Chapter 2, 2009 Special Session 1 Amended by Chapter 2, 2009 Special Session 1
Section 34-46-201 ("Information collected.") 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 § 34-46-201?
A common citation format is "Utah Code § 34-46-201" (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 § 34-46-201 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.
