Utah Public Employer Alert: Asking about Criminal Convictions on Applications Now Illegal!

Beginning May 9, 2017, it will be illegal for any Utah public employer, including municipalities, counties, special districts, etc., to require a job applicant to disclose a criminal conviction before an initial interview.  This means that public employers cannot ask about criminal convictions on job applications or seek the information before any interview is conducted.  Additionally if no interview is conducted, it is illegal to inquire about the convictions before making a conditional job offer.  

The legislation, HB156S01, includes limited exceptions for (a) situations where another law requires the consideration of a job applicant’s criminal conviction history, (b) law enforcement agencies, (c) employers in the criminal or juvenile justice system, (d) non-employee volunteers, (e) employers that work with children or vulnerable adults, (f) the Department of Alcoholic Beverage Control, (g) the State Tax Commission, or (h) a public employer whose primary purpose is performing financial or fiduciary functions.