SB 23-058

The Job Application Fairness Act, which was recently signed into law and will take effect on August 7, 2023, prohibits employers in Colorado from asking job applicants about their age or educational dates on initial applications. Employers can still request this information if it's necessary for safety reasons, to comply with federal or state laws, or when required by a bona fide occupational qualification. The law will be enforced by the Department of Labor and Employment, which may issue warnings and penalties for violations. This act aims to prevent age discrimination in hiring processes.

Official Summary

Starting July 1, 2024, 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. An 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; or A state or local law or regulation based on a bona fide occupational qualification. 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. The department of labor and employment (department) is charged with enforcing the requirements of the act and may issue warnings and orders of compliance for violations and, for second or subsequent violations, impose civil penalties. A violation of the restrictions does not create a private cause of action. The department is directed to adopt rules regarding procedures for handling complaints against employers. For the 2023-24 state fiscal year, $56,468 is appropriated from the general fund to the department for use by the division of labor standards and statistics to pay program costs related to labor standards. APPROVED by Governor June 2, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)

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