Interviewing and Selecting Job Candidates: Utah

Federal law and guidance on this subject should be reviewed together with this section.

Authors: Elizabeth Dunning, Holland & Hart LLP.

Summary

• An employer may not engage in discriminatory hiring practices based upon any protected characteristic, including race, color, religion, national origin, age, sex, pregnancy and physical and mental disabilities. See Utah Antidiscrimination Act.
• The Utah Labor Commission provides guidance that sets out standards employers should follow in their preemployment hiring applications and interviews describing improper inquiries designed to elicit information as to an applicant's protected characteristics. See Preemployment Inquiries.
• Employers are not prohibited from asking about arrest records, but are cautioned against such inquiries. Employers may ask applicants about felony criminal convictions if related to the job. See Arrest and Conviction Inquiries.
• Civil and criminal penalties may be imposed on employers that fail to comply with state law regarding the lawful hiring of employees. See E-Verify.
• Employers that provide job references "in good faith" to prospective employers are protected from liability to an employee, but employers may not "blacklist" employees for the purpose of preventing future employment. See References.
• Utah employers may not request online user names or passwords from job applicants as a condition of employment. See Social Media Law.
• Utah does not restrict private employers' use of drug or alcohol tests for applicants. Positive results or refusal to test can be grounds for a refusal to hire. See Drug and Alcohol Testing.
• Employers may record interviews in Utah with the consent of one party to the conversation. See Recording Interviews.