The Colorado Job Application Fairness Act (C.R.S. § 8-2-131), which went into effect July 1, 2024, prohibits age-related inquiries on initial job applications, including age, date of birth, dates of attendance or dates of graduation from educational institutions. It does not prohibit inquiries in subsequent conversations or documentation. The employer may, however, require certifications, transcripts, and "other materials created by third parties" at the time of the initial application, if the employer notifies the candidate that they may redact the above information. Employers may also require candidates to confirm compliance with bona fide occupational qualifications relating to public or occupational safety, and federal or state laws or regulations, provided they do not require disclosure of the specific age, date of birth or the other information set forth above. For example, if a restaurant is hiring servers who serve alcohol, they may require the candidates to confirm that they are above the legal age for serving alcohol.
There is no private right of action for employees who are aggrieved by a violation of the law. However, the law provides a complaint procedure to the Colorado Department of Labor and Employment, warnings, and monetary penalties, which increase with subsequent violations.
This should not be a shock to Colorado employers, or employers in many other states with similar laws. For years, Colorado law has prohibited inquiring about other similar information, such criminal convictions and certain credit inquiries, with exceptions specified in the law. In addition, and importantly, inquiring about such subjects could support claims for discriminatory failure to hire.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
