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Update applicable to:

All employers in Colorado as well as multi-state employers who employ workers in Colorado

What happened?

Passed by the Colorado Legislature during the 2023 legislative session, this short law takes effect on July 1, 2024, and will affect common questions contained on initial job applications.

What are the details?

The law prohibits employers from seeking information on an initial employment application about an applicant’s:

  • Age
  • Date of birth
  • Dates of attendance/graduation from an educational institution

Third-party materials, such as certifications and transcripts, can be requested at the initial application stage, but the employer must notify the applicant that they are free to redact any information on those materials related to age, date of birth and dates of attendance and graduation.

For positions that have age requirements imposed by federal, state or local law or which have bona fide occupational qualifications pertaining to public or occupational safety, employers are permitted to verify age compliance. However, the verification request cannot seek information on specific age, date of birth or dates of school attendance and graduation. For example, employees serving alcohol in Colorado must be at least 18 years old. For a bartender position, an employer can ask the applicant to verify that they are at least 18 years old but cannot ask for their specific age or birthdate.

The new prohibitions will be enforced solely by the Colorado Department of Labor and Employment (CDLE). For a first violation, an employer will get a warning and an opportunity to come into compliance. After that, penalties can be up to $1,000 for a second violation and up to $2,500 for subsequent violations. The employer can avoid these penalties by complying with a violation order issued by the CDLE within 15 days.

For more information, please see the links below:

Job Application Fairness Act

What do employers need to do?

Colorado employers should review their job application forms now to ensure these types of prohibited questions are removed by July 1, 2024. _

Need help understanding how changes to employment laws will affect your business?

Learn more about how Vensure's Colorado PEO services can help you navigate complex employment laws and keep your business compliant.

This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.


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