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Utah Code
2025 Utah Code
Title 13 - Commerce and Trade
Chapter 60 - Genetic Information Privacy Act
Part 2 - Genetic Testing and Procedure Privacy Act
Section 204 - Restrictions on employers.
Universal Citation:
UT Code § 13-60-204 (2025)
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Effective 5/3/2023
13-60-204. Restrictions on employers.
Renumbered and Amended by Chapter 327, 2023 General Session
13-60-204. Restrictions on employers.
- (1) Except as provided in Subsection (2), an employer may not in connection with a hiring, promotion, retention, or other related decision:
- (a) access or otherwise take into consideration private genetic information about an individual;
- (b) request or require an individual to consent to a release for the purpose of accessing private genetic information about the individual;
- (c) request or require an individual or the individual's blood relative to submit to:
- (i) a genetic test; or
- (ii) a genetic procedure; or
- (d) inquire into or otherwise take into consideration the fact that an individual or the individual's blood relative has:
- (i) taken or refused to take a genetic test; or
- (ii) undergone or refused to undergo a genetic procedure.
- (2)
- (a) Notwithstanding Subsection (1), an employer may seek an order compelling the disclosure of private genetic information held by an individual or third party pursuant to Subsection (2)(b) in connection with:
- (i) an employment-related judicial or administrative proceeding in which the individual has placed his health at issue; or
- (ii) an employment-related decision in which the employer has a reasonable basis to believe that the individual's health condition poses a real and unjustifiable safety risk requiring the change or denial of an assignment.
- (b)
- (i) An order compelling the disclosure of private genetic information pursuant to this Subsection (2) may only be entered upon a finding that:
- (A) other ways of obtaining the private information are not available or would not be effective; and
- (B) there is a compelling need for the private genetic information which substantially outweighs the potential harm to the privacy interests of the individual.
- (ii) An order compelling the disclosure of private genetic information pursuant to this Subsection (2) shall:
- (A) limit disclosure to those parts of the record containing information essential to fulfill the objective of the order;
- (B) limit disclosure to those persons whose need for the information is the basis of the order; and
- (C) include such other measures as may be necessary to limit disclosure for the protection of the individual.
- (i) An order compelling the disclosure of private genetic information pursuant to this Subsection (2) may only be entered upon a finding that:
- (a) Notwithstanding Subsection (1), an employer may seek an order compelling the disclosure of private genetic information held by an individual or third party pursuant to Subsection (2)(b) in connection with:
Renumbered and Amended by Chapter 327, 2023 General Session
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