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Legislators in Colorado passed a bill that prohibits employers from asking about a person’s age on job applications.

The Job Application Fairness Act

Colorado’s Senate Bill 23-058 (SB23-058), also known as the Job Application Fairness Act, says employers may not ask for or require a person to provide their:

• Age.
• Date of birth.
• Dates of attendance or graduation from educational facilities.

On employment applications. If an employer requests certifications, transcripts or other materials as part of the application process, they must inform the applicant of their right to redact data that could reveal their age.

The Job Application Fairness Act was signed into law in June 2023. Employers in Colorado are required to comply as of July 1, 2024.

Exceptions

SB23-058 creates certain exceptions. Employers may verify a candidate’s age if there is:

• A bona fide qualification to do so related to public or occupational safety.
• A federal law or regulation that requires the employer to request an applicant's age.
• A state or local law or regulation based on a bona fide occupational qualification.

When any of these apply, employers are still prohibited from inquiring about a person's age on a job application. In cases like this, however, the employer may ask the candidate if they are over a certain age.

Compliance During The Hiring Process

Employers in Colorado must comply with laws that cover the hiring process, such as SB23-058. Organizations throughout the United States should be aware of laws that affect them. Examples include:

• All employers must obtain a signed Disclosure and Authorization document before running background checks.
• Employers may not consider records that have been expunged or otherwise sealed.
• Depending on the location of the business or employee, various second chance laws may apply. These bills differ, but common practices involve:
• Not indicating that an applicant will be disqualified if they have any type of criminal record.
• Waiting until after a job interview or conditional offer is extended to order a background check.
• Individually assessing any convictions returned in a consumer report to determine if they are relevant to the position and indicate the person might pose an undue risk to the business, staff or public.

To help ensure your organization is compliant with all applicable laws, we recommend consulting with legal counsel. Another great way for hiring managers to avoid considering expunged records is to partner with a Consumer Reporting Agency (CRA) that is accredited by the Professional Background Screening Association (PBSA). Before they can become accredited, CRAs must go through an extensive audit and demonstrate they have reasonable procedures in place to only offer current, accurate and reportable records.

Running Background Checks

Background checks are a critical part of the hiring process. Employers rely on these reports to help them make informed decisions and build strong teams.

If your organization is bringing on employees, volunteers or contractors, please contact us. Backgrounds Online is an accredited CRA with more than 20 years as a leader in the screening industry. Our experienced, professional team can help you customize screening packages based on your needs, industry regulations and applicable laws. We are available to assist you Monday through Friday from 5am to 6pm PT.