26-45-103 - Restrictions on employers. - Utah Statutes

26-45-103. Restrictions on employers.
(1) Except as provided in Subsection (2), an employer, as defined in Section 34A-2-103,may not in connection with a hiring, promotion, retention, or other related decision:
(a) access or otherwise take into consideration private genetic information about anindividual;
(b) request or require an individual to consent to a release for the purpose of accessingprivate genetic information about the individual;
(c) request or require an individual or his blood relative to submit to a genetic test; and
(d) inquire into or otherwise take into consideration the fact that an individual or hisblood relative has taken or refused to take a genetic test.
(2) (a) Notwithstanding Subsection (1), an employer may seek an order compelling thedisclosure of private genetic information held by an individual or third party pursuant toSubsection (2)(b) in connection with:
(i) an employment-related judicial or administrative proceeding in which the individualhas placed his health at issue; or
(ii) an employment-related decision in which the employer has a reasonable basis tobelieve that the individual's health condition poses a real and unjustifiable safety risk requiringthe change or denial of an assignment.
(b) (i) An order compelling the disclosure of private genetic information pursuant to thisSubsection (2) may only be entered upon a finding that:
(A) other ways of obtaining the private information are not available or would not beeffective; and
(B) there is a compelling need for the private genetic information which substantiallyoutweighs the potential harm to the privacy interests of the individual.
(ii) An order compelling the disclosure of private genetic information pursuant to thisSubsection (2) shall:
(A) limit disclosure to those parts of the record containing information essential to fulfillthe objective of the order;
(B) limit disclosure to those persons whose need for the information is the basis of theorder; and
(C) include such other measures as may be necessary to limit disclosure for theprotection of the individual.

Enacted by Chapter 120, 2002 General Session