Preemployment Screening and Testing: Utah
Federal law and guidance on this subject should be reviewed together with this section.
Author: J.D. Lyons, Callister Nebeker & McCullough
- Utah recognizes a cause of action for negligent hiring where the employer (1) knew or should have known that its employee posed a foreseeable risk of harm to third parties; (2) the employee inflicted such harm; and (3) the employer's negligent hiring of the employee proximately caused the injury. See Negligent Hiring.
- In Utah, certain employers may conduct a criminal history background check of an applicant, but must do so with the applicant's consent. See Criminal Background Checks.
- Employers may test job applicants for drug and alcohol use if they follow the proper procedure. Certain employers are required to administer drug and alcohol tests to their applicants. See Drug and Alcohol Testing.
- Employers may conduct preemployment medical examinations, but must pay all the costs of any medical examination that they require their applicants to submit to or obtain. See Medical Testing.
- Utah prohibits an employer from requesting private genetic information unless the employer can demonstrate that it has a compelling need for such information. See Genetic Testing.
- If an employer collects any information about an applicant during an initial selection process, the employer is required to maintain a specific policy regarding the retention, disposition, access and confidentiality of the information. See Information Retention.