Director finds no post‑offer CC‑305 at UTA, denies petition for further remedies

The director of the Department of Government Records denied an appeal by Miss Caritis seeking a post‑offer CC‑305 disability self‑identification form from the Utah Transit Authority, concluding UTA produced the application‑stage CC‑305 and that no separate post‑offer form existed in UTA records.

Caritis said she completed a voluntary self‑identification form during the online application on June 24, 2025, then disclosed a disability during onboarding and asked the director to order UTA to find and produce a post‑offer CC‑305 or to require process improvements. She cited federal contractor record‑keeping rules (41 CFR) and argued failure to retain such a post‑offer document could imply noncompliance.

UTA counsel Tim Merrill said the only CC‑305 in UTA’s possession is the applicant‑stage form dated June 24, 2025, which was produced unredacted. He explained UTA’s onboarding process uses two steps (in‑person badging and a later virtual onboarding through Jobvite/Workday) and said UTA does not complete a separate post‑offer CC‑305 during onboarding. Recruiter Sarah Simpson confirmed UTA’s routine practice and testified no post‑offer CC‑305 was created by her during Caritis’s onboarding.

Based on testimony and record checks, the director concluded petitioner did not meet her burden to show a post‑offer CC‑305 existed or that UTA failed to conduct a reasonable search. The director noted ordering operational changes to UTA’s onboarding process is beyond the office’s authority. The appeal was denied; a written decision will be issued within seven business days and may be appealed to district court within 30 days.

The director accepted UTA’s production of an unredacted CC‑305 dated 06/24/2025 and found no evidence of destruction or withholding.