Prohibition on the use of certain submissions by governmental employers -- Exceptions

(1) As used in this section: (a) (i) "Governmental employer" means any department, division, agency, commission, board, council, committee, authority, municipality, county, political subdivision, or any other institution of the state. (ii) "Governmental employer" does not mean a local education agency or institution of higher education. (b) "Prohibited submission" means the same as that term is defined in Section 53H-1-502. (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: (a) employment, including decisions regarding: (i) hiring; (ii) terms of employment; (iii) benefits; (iv) compensation; (v) seniority status; (vi) tenure or continuing status; (vii) promotion; (viii) performance reviews; (ix) transfer; (x) termination; or (xi) appointment; or (b) admissions and aid, including: (i) admission to any state program or course; (ii) financial or other forms of state-administered aid or assistance; or (iii) other benefits from the governmental employer for which an individual is eligible. (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). (4) If federal law requires a governmental employer to accept or require a prohibited submission, the governmental employer: (a) may accept the prohibited submission only to the extent required under federal law; and (b) shall limit consideration of the information contained in the prohibited submission to the extent necessary to satisfy the requirement under federal law. (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.