Utah Restricts Use of Vaccination and Immunity Status in Employment Decisions

What Changed

Utah enacted House Bill 131 (HB 131), known as the Vaccine and Immunity Passport Restrictions Act, which restricts employers, government entities, and places of public accommodation from using an individual's vaccination or immunity status as a basis for employment decisions. The law adds vaccination and immunity status to the EEO and anti-discrimination framework for Utah employers.

Specifically, the law prohibits employers from:

• Requiring employees or job applicants to disclose their vaccination or immunity status as a condition of employment

• Using vaccination or immunity status to make hiring, firing, promotion, or other employment decisions

• Requiring proof of vaccination or immunity ("vaccine passports") as a condition of employment

There are limited exceptions, including for healthcare facilities and situations where federal law or regulation requires vaccination.

Who Is Affected

Most Utah employers are affected by this law, with some notable exceptions:

• Covered: Private employers, state and local government employers, and places of public accommodation

• Exceptions: Healthcare facilities, employers subject to federal vaccination requirements, and certain other specifically exempted situations

• Employers should carefully review whether any exceptions apply to their industry or specific roles

Where It Applies

Utah statewide. The law applies to all employers operating within the state.

When It Takes Effect

May 3, 2023. Employers should already be in compliance.

Why It Matters

This law reflects an ongoing national trend of states limiting employer authority over employee health decisions, particularly in the wake of COVID-19 vaccine mandates. For employers who implemented vaccination requirements during the pandemic, this law requires a reassessment of those policies. Employers in healthcare or federally regulated industries should carefully evaluate whether their specific vaccination requirements fall under the law's exceptions.

Non-compliance could expose employers to discrimination claims under Utah's anti-discrimination framework.

The Humareso Take

If you still have COVID-era vaccination policies on the books in Utah, it is time to revisit them. Most employers outside of healthcare will need to remove or significantly scale back any vaccination requirements or inquiries in the hiring process. The exceptions are narrowly drawn, so do not assume your industry qualifies without verifying. We have seen a few employers get tripped up by this already — the safest approach is to stop asking about vaccination status unless you have a clear, documented legal basis for doing so.

Recommended Action Steps

1. Review and update your EEO and anti-discrimination policies to reflect vaccination and immunity status as a protected category under Utah law.

2. Remove vaccination status inquiries from job applications and interview processes unless a specific exception applies to your organization.

3. Revise your employee handbook to remove or modify any COVID-era vaccination requirements that are no longer legally permissible.

4. Determine if any exceptions apply to your organization (healthcare, federal requirements) and document the legal basis if you continue to require vaccination information.

5. Train hiring managers to avoid asking about vaccination status during interviews.

6. Contact your Humareso representative for help auditing your current policies against Utah's new requirements.