Colorado’s Job Application Fairness Act
Colorado’s Job Application Fairness Act was approved by Governor Jared Polis on June 2, 2023, and will become effective on 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 education institution on an initial employment application.[1] SB23-058 states that 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.[2]
The Act allows an employer to request that an individual provide additional application materials such as copies of transcripts and other certifications at the time of an initial employment application, so long as the employer notifies the jobseeker that they are permitted to redact information that identifies their age, date of birth, or dates of attendance at or graduation from an educational institution.[3]
The Department of Labor and Employment is charged with enforcing the act’s requirements and may issue warnings and orders of compliance for violations. If an employer has two or more violations, the Department may impose civil penalties. Violations do not create a private cause of action.[4]
Amendment to Colorado Wage Theft Law
Starting April 1, 2024, Senate Bill 23-231 allows the Division of Labor Standards and Statistics in the Department of Labor and Employment to use money in the wage theft enforcement fund to pay employers who are owed money from their employers due to obligations and liabilities related to the payment of wages or other compensation.[5] If an employer fails to fulfill an order to pay an employee that results from a wage claim or investigation, the Division may pay the employee within six months after the Division issues a citation and notice of assessment to the employer. If the employer requests a hearing regarding the order, the Division may pay an employee within six months after the hearing officer issues a decision.[6]
After the Division pays the employee, the act specifies that the employee cannot recover that payment amount from the employer.[7] Additionally, the Division will replace the employee as creditor and shall continue to pursue the payment from the employer. Any money recovered from the employer by the division will be credited to the fund.[8]
The Act also requires the Division to set forth rules specifying procedures and criteria for employees to request payments as well as for the Division to make determinations on employee requests.[9]
[1] https://leg.colorado.gov/bills/sb23-058
[2] Id.
[3] Id.
[4] Id.
[5] https://leg.colorado.gov/bills/sb23-231
[6] Id.
[7] Id.
[8] Id.
[9] Id.