New Utah Law: Employers Must Create a Job Application Retention Policy or be Subject to a Fine!

The Utah legislature passed a sweeping new law applicable to all employers who employ more than fifteen employees. The Employment Selection Procedures Act, which Governor Huntsman signed on March 24, 2009, requires an employer to “maintain a specific policy regarding the retention, disposition, access, and confidentiality of information” gathered in the “initial selection process,” i.e, the application process. In fact, the new law requires that an employer have a copy of the policy readily accessible to any applicant who wishes to see the policy before filling out an application. The policy also requires that all records obtained during the application process be destroyed within two years unless another statute requires their retention.

The law also restricts employers from asking for an applicants birthdate, social security number, or drivers license number until the applicant is offered a job or “the time in the employer’s employment selection process when the employer obtains” certain background tests. It further restricts employers from using any information on an application for any other reason other than determining whether to hire the person, including sending them advertisements.

The failure to comply with the law subjects the employer to fines and civil damage remedies for the applicants.