Colorado has enacted legislation (Senate Bill 23-058) that expressly prohibits employers from making age-related inquiries on an initial employment application. The law takes effect July 1, 2024.
The Details
Senate Bill 23-058 expressly prohibits employers from inquiring on an initial employment application about an applicant’s age, date of birth and dates of attendance at or date of graduation from an educational institution.
An employer may require candidates to provide copies of certification, transcripts, and other materials created by third parties, at the time of the initial employment application, if the employer notifies the individual that they may redact information that identifies their age, date of birth, or dates of attendance at or date of graduation from an educational institution.
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.
However, such verification requests must not require on an initial employment application the disclosure of an individual’s specific age, date of birth, or dates of attendance at or date of graduation from an educational institution.
Next Steps
Colorado employers should review initial job applications to ensure compliance with Senate Bill 23-058 by July 1, 2024.
Please contact your dedicated service professional with any questions.