Are employers allowed to ask job applicants questions about their criminal history?

In Utah, employers are generally allowed to ask job applicants questions about their criminal history. However, the employer must comply with certain requirements under employment discrimination law to ensure that potential employees are not treated unfairly. The Utah Antidiscrimination Act prohibits employers from making any employment decisions based on an individual’s criminal history unless the criminal conduct is “substantially related” to the job. The law also requires employers to consider the “totality of the circumstances” before making any employment decisions. This includes assessing the age of the offense, the seriousness of the offense, evidence of rehabilitation, and other factors. Additionally, an employer cannot ask questions about arrests that do not result in a conviction. If an employer does decide to ask about criminal history, it must give the applicant notice and an opportunity to respond. The employer must also maintain records of the inquiry and the applicant’s response. As such, employers in Utah can ask applicants questions about their criminal history as long as they do so in accordance with the applicable laws. It is important for employers to be mindful of their obligations under the Utah Antidiscrimination Act, to avoid potential legal consequences.

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Are employers allowed to ask job applicants questions about their criminal history?

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