{"data":{"id":"us-ut/utah-code-67-27-107","jurisdiction":"us-ut","citation":"Utah Code § 67-27-107","heading":"Prohibition on the use of certain submissions by governmental employers -- Exceptions.","body":"(1) As used in this section:\n(a)\n(i) \"Governmental employer\" means any department, division, agency, commission, board, council, committee, authority, municipality, county, political subdivision, or any other institution of the state.\n(ii) \"Governmental employer\" does not mean a local education agency or institution of higher education.\n(b) \"Prohibited submission\" means the same as that term is defined in Section 53H-1-502.\n(2) Except as provided in Subsection (4), a governmental employer may not require, request, solicit, or compel a prohibited submission as a certification or condition before taking action with respect to:\n(a) employment, including decisions regarding:\n(i) hiring;\n(ii) terms of employment;\n(iii) benefits;\n(iv) compensation;\n(v) seniority status;\n(vi) tenure or continuing status;\n(vii) promotion;\n(viii) performance reviews;\n(ix) transfer;\n(x) termination; or\n(xi) appointment; or\n(b) admissions and aid, including:\n(i) admission to any state program or course;\n(ii) financial or other forms of state-administered aid or assistance; or\n(iii) other benefits from the governmental employer for which an individual is eligible.\n(3) A governmental employer may not grant any form of preferential consideration to an individual who, with or without solicitation from the governmental employer, provides a prohibited submission for any action described in Subsection (2).\n(4) If federal law requires a governmental employer to accept or require a prohibited submission, the governmental employer:\n(a) may accept the prohibited submission only to the extent required under federal law; and\n(b) shall limit consideration of the information contained in the prohibited submission to the extent necessary to satisfy the requirement under federal law.\n(5) Nothing in this section limits or prohibits a governmental employer's authority to establish policies that are necessary to comply with state or federal law, including laws relating to prohibited discrimination or harassment.","path":["Title 67 State Officers and Employees","Chapter 67-27 General Requirements for State Officers and Employees"],"source_url":"https://le.utah.gov/xcode/Title67/Chapter27/67-27-S107.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:34Z","sha256":"bd1522be2f187c3f4d822dd4aa7bc5fd9255487dcc8adcf45c688166300b9ed8","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-67-27-106","next":"us-ut/utah-code-67-27-108"},"notice":"GroundRules: Original legal text. Not legal advice."}