“Job Application Fairness Act” is Effective July 1, 2024 – Are Your Initial Employment Applications Compliant?

Posted by: Karen Booher on June 15th, 2024

Starting July 1, 2024, another new Colorado state law goes into effect – the Job Application Fairness Act, C.R.S. Section 8-2-131. The purpose of this law is to combat age discrimination in hiring.

The Act prohibits employers from inquiring about a prospective employee’s age, date of birth, and dates of attendance at or date of graduation from an educational institution on an initial employment application. These questions can no longer be on any applications – not even as non-mandatory fields.

Are There Exceptions?

Yes, limited. An employer may request an individual to verify compliance with age requirements imposed pursuant to or required by:

• A bona fide occupational qualification (BFOQ) pertaining to public or occupational safety;
• A federal law or regulation; or
• A state of local law or regulation based on a BFOQ.

The Act allows an employer to request or require an individual to provide additional application materials, including copies of certifications, transcripts, and other materials created by third parties, at the time of an initial employment application if the employer notifies the individual that the individual may redact information that identifies the individual’s age, date of birth, or dates of attendance at or graduation from an educational institution.

Enforcement and Penalties

An individual who is wronged by a violation of this act may file a complaint with the Colorado Department of Labor and Employment (CDLE). If the CDLE receives a complaint within twelve months, it will investigate the complaint unless it determines that the complaint is without merit.

An employer who is determined to violate this law is liable for one of the following penalties – subsection (5)(c) – enforced by the CDLE:

• First Violation – a warning and an order requiring compliance within 15 business days;
• Second Violation – an order requiring compliance within 15 business days and a civil penalty not to exceed $1,000; or

• Third or Subsequent Violation – an order requiring compliance within 15 business days and a civil penalty not to exceed $2,500.

An employer is not subject to penalties for a second or subsequent violation under subsection (5)(c) of this section unless the employer:

• Failed to comply with an order requiring compliance within 15 business days after the date of the order; or
• Complied with an order requiring compliance within 15 business days but then committed a violation of this section more than 15 business days after the issuance of the order.

Each distinct job posting violating this law constitutes a separate violation under subsection (5)(c) of this section. Each instance of an individual responding to a job posting does not constitute a violation under subsection (5)(c) of this section.

This blog is meant to be a general overview of the Job Application Fairness Act, not a comprehensive summary of the Act; nor should it be construed as legal advice.

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Source:

C.R.S. Section 8-2-131