Legal Research

The Utah legislation has enacted H.B. 206. The legislation prohibits employers from requesting a SSN, DOB or DL# until either 1) the time in the hiring process when a criminal background check, credit history, or driving record is going to be run or 2) a conditional offer of employment is made. In general, H.B. 206 affects employers with 15 or more employees. This means that the SSN, DOB or DL should not be indicated on the initial job application form. This is not out of the ordinary, since this procedure is common for employers who work with and are advised by a pre-employment screening agency. However, vendors who provide employment screening on occasion for their employer clients may want to make sure to supply the proper forms to an employer at the appropriate time when a background check is initiated or public records are checked.

An excellent overview of the new law is provided by the Employer?s Council (which covers Idaho, Nevada, Utah, and Wyoming) at www.ecutah.org/newsampl.pdf.