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