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June 16, 2023
On June 2, 2023, Colorado enacted the Job Application Fairness Act, prohibiting Colorado employers from requesting or requiring that job applicants provide information related to “age, date of birth, or dates of attendance at or graduation from an educational institution” on initial employment applications. The Act becomes effective on July 1, 2024.
Under the Act, employers can require applicants to provide copies of certifications or transcripts at the time of an initial employment application. However, employers must notify applicants that they may redact information identifying age, date of birth, and/or dates of attendance at or graduation from an educational institution.
The law also allows an employer to request that an individual verify compliance with age requirements imposed pursuant to or required by:
Colorado’s Department of Labor and Employment enforces the Act’s requirements; no private right of action exists. Penalties for violations of the Act increase with each violation, from a warning to a penalty of $2,500.
Colorado employers should review their job postings and onboarding documents, and train their hiring personnel, to prepare for compliance.
*Special thanks to Brooke Palma, our Office Administrator, for her contributions to this article.
The author of this article, Patricia Tsipras, is a member of the Bar of Pennsylvania. This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice in Colorado, or Pennsylvania, or any other jurisdiction, nor does it establish an attorney-client relationship with any reader of the article where one does not exist. Always consult an attorney with specific legal issues.
