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Restrictions on Age Questions in Colorado Employment Applications Take Effect in July 2024

By Community Manager posted 07-27-2023 01:16 PM

  

During the 2023 Colorado legislative session, lawmakers passed Senate Bill 23-058The Job Application Fairness 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. This new statute becomes effective next year on July 1, 2024. 

Typically, when there is a significant period of time between the passage of a bill and its effective date it is so the Colorado Department of Labor and Employment (CDLE) can engage in rulemaking and provide guidance. It also allows for time to update employer practices. At this time, we only have the plain language of the statute to interpret, so Employers Council plans to provide more guidance in early 2024 after more information becomes available from the CDLE. 

What we know now is, once the law takes effect, in lieu of asking about dates of education, an employer may 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 does so, it must notify the individual of their right to redact information that identifies their age, date of birth, or dates of attendance at or graduation from an educational institution.  

The employer may request an individual to verify compliance with age requirements imposed pursuant to or required by:  

  • A bona fide occupational qualification pertaining to public or occupational safety  

  • A federal law or regulation  

  • A state or local law or regulation based on a bona fide occupational qualification  

Verification requests by those three exceptions must not require disclosure of an individual's specific age, date of birth, or dates of attendance at or date of graduation from an educational institution on an initial employment application. 

Obviously, details are important in how to comply with this statute. Please be aware this will be coming in 2024. Along with specific guidance, Employers Council will provide updated sample job application forms in early 2024. If you have any questions, please email our Member Experience Team. 


#Hiring
#AgeDiscrimination
#Colorado
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