October 2021

State Updates

 

Colorado restricts criminal history inquiries

07/03/19

Author: ADP Admin/Tuesday, July 2, 2019/Categories: Compliance Corner , State Compliance Update, Colorado

Overview:  Colorado has enacted legislation that will prohibit employers from inquiring about an applicant’s criminal history on an initial application.

Effective Date: September 1, 2019 for employers with 11 or more employees and September 1, 2021 for smaller employers.

Details:

Colorado has enacted legislation (House Bill 19-1025) that will prohibit employers from inquiring about an applicant’s criminal history on an initial application.

Prohibitions:

House Bill 19-1025 prohibits employers from:

·      Stating in a job advertisement or an application form that a person with a criminal history may not apply for the position;

·      Inquiring into, or requiring disclosure of, an applicant’s criminal history on an initial application.

Note: Under the law, an employer may obtain an applicant’s publicly available criminal background report at any time.

Exceptions:

The law doesn’t apply to a position if:

·      Federal, state, or local law prohibits the employment of a person with a specific criminal history in that position.

·      The employer has designated the position to participate in a federal, state, or local program that encourages the employment of individuals with criminal histories.

·      The employer is required by federal, state, or local law or regulation to conduct a criminal history check for that position, regardless of whether the position is for an employee or an independent contractor.

 

Action Required:  Colorado employers should remove criminal history questions from applications and review job advertisement procedures to ensure compliance with House Bill 19-1025.

Please contact your dedicated service professional with any questions. 

This content provides practical information concerning the subject matter covered and is provided with the understanding that ADP is not rendering legal advice.

Number of views (1813)/Comments (0)

Tags: 07/03/19

Recent State Updates

 

© Copyright 2016 ADP LLC. 10200 Sunset Drive | Miami, FL 33173

You are receiving this email because you are a client of ADP TotalSource. The ADP logo, ADP, and ADP TotalSource® are registered trademarks of ADP, LLC. ADP - A more human resource. is a service mark of ADP, LLC.