Tag: Colorado law

Colorado Governor Restrictions on Age-Related Inquiries Into Law June 29, 2023 Colorado's Governor, Jared Polis, recently signed the Job Application Fairness Act (JAFA). Regarding employment, this Act would expand the restrictions of what employers may include on applications. This new development will prohibit employers from requesting age-related information during the hiring process. JAFA has added new prohibitions on age-related inquiries to existing restrictions on information requests. Examples of these restrictions include ban-the-box regulations that bar questions concerning criminal history. In addition, JAFA would prevent questions related to salary and benefit inquiries in the job postings. JAFA now adds age-related information to this list. More specifically, employers cannot inquire about the following: Age; Date of Birth; and Dates of attendance or graduation from an educational institution. Employers may request application-related materials, such as copies of an applicant's transcripts or certifications. When asking for such information, they must give the individuals a notice explaining that they may redact information. Examples of redactions include dates of birth, attendance, or graduation. Like ban-the-box restrictions created by the Colorado Chance to Compete Act, these requirements only pertain to the initial application process. For example, the Act prohibits employers of 11 or more employees from stating that those with a criminal history may not apply for employment. Employers also cannot inquire about an individual's criminal background on the initial application. However, employers may still request applicants to verify their compliance age requirements as required by: "A bona fide occupational qualification pertaining to public or occupational safety; A federal law or regulation; or A state or local law or regulation based on a bona fide occupational qualification." Employers should know that they cannot request applicants to disclose specific information. For example, they cannot ask about ages, birthdates, or dates of attendance or graduation. They may only inquire about the applicant's compliance with these requirements. JAFA does not create a private cause of action for applicants affected by a violation of the law. Instead, it permits aggrieved applicants to file a complaint with the Colorado Department of Labor and Employment (DLE). The DLE may issue penalties if they determine any violations. In light of the Governor signing JAFA, employers should review their job postings and hiring policies. They should also ensure compliance with existing regulations, such as those concerning criminal history. The best way to get started is by partnering with an experienced screening provider. Keep your business up to date on new laws and regulations with Pre-employ’s free news resources. Contact a sales rep today. Source

Tag: Colorado law

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