Earlier this year, we flagged a new bill making its way through the Colorado State Senate, known as the Job Application Fairness Act (the “Act”). On June 5, 2023, the bill was signed into law.
Starting July 1, 2024, on initial employment applications, an employer may no longer request or require an individual to include their age, date of birth, and dates of attendance at, or graduation from, educational institutions. It is important to note these restrictions apply only to initial employment applications.
The Act includes three limited exceptions. An employer may request (but still cannot require) an applicant to verify compliance with age requirements pursuant to or required by (1) a bona fide occupational qualification pertaining to public or occupational safety, (2) federal law or regulations, or (3) state or local laws or regulations based on a bona fide occupational qualification.
If an employer violates the Act, the aggrieved individual may file a complaint with the Department of Labor and Employment. For the first violation, the employer will receive a warning. The second violation comes with a penalty of up to $1,000. The third violation comes with a fine of up to $2,500. There is no private cause of action or damages apart from these penalties.
Do Now: Employers should review their application materials to ensure there is no required field for age, date of birth, or dates of attendance at, or graduation from, educational institutions. If you have questions, please contact an attorney on our employment team.