34-46-202. Use of information collected in initial selection process.

212 words·~1 min read·/ut/title-34/chapter-46/34-46-202

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)An employer may not:

(i)use information about an applicant obtained through an initial selection process for a purpose other than to determine whether or not the employer will hire the applicant as an employee; or

(ii)except as provided in Subsection

(2), provide information about an applicant obtained through an initial selection process to a person other than the employer.

(b)A use prohibited under this Subsection

(1)includes:

(i)marketing;

(ii)profiling;

(iii)reselling of the information; or

(iv)a similar use.

(2)Notwithstanding the other provisions of this section, an employer may provide information:

(a)as required by law;

(b)to a government entity for the purpose of:

(i)determining eligibility for a government service, benefit, or program; or

(ii)participating in a government service, benefit, or program;

(c)if the applicant applies for another position with the employer; or

(d)if the applicant becomes an employee and the information is used for one or more of the following, that is also applied to other employees in a similar position:

(i)a performance review; or

(ii)a promotion application.

Amended by Chapter 2 , 2009 Special Session 1