On March 22, 2017, House Bill 156 was signed by Utah Governor Gary Herbert. The law, also known as “Reducing Barriers to Employment for Individuals with Criminal Records” prohibits public employers from excluding a job applicant from an initial interview because of a criminal conviction. As defined in the text of the law, a public employer is:
- the state or any administrative subunit of the state, including a department, division, board, council committee, institution, office, bureau, or other similar administrative unit of state government;
- a state institution of higher education; or
- a municipal corporation, county, municipality, school district, local district, special service district, or other political subdivision of the state.
Job applicants no longer need to disclose their criminal record before job interviews. The goal of the new legislation is help individuals with criminal records find work after prison. Although it only applies to government jobs, it is a huge accomplishment for those that served time behind bars and are now willing to join the workforce. The only time an employer can require an applicant to disclose a past criminal conviction before an initial interview for employment is if federal, state, or local law requires the consideration of the job applicant’s criminal conviction history.
The law is scheduled to go into effect May 8, 2017. Employers are encouraged to review their hiring practices and job applications. Employers should also consider implementing training for human resources and related professionals who interface with applicants and employees regarding this issue.