Colorado Restricts Collection of Age-Related Information

Employers in Colorado should take note of the recently passed Job Application Fairness Act. Effective July 1, 2024, the new law prohibits employers from inquiring about a prospective employee's age, date of birth, and dates of attendance at or date of graduation from an educational institution on an initial employment application.

What Can Employers Request on an Application Under This Law?

At the time of the initial employment application, an employer may request or require additional application materials, including copies of certifications, transcripts or other documents created by third parties, if the employer notifies the individual they may redact information that identifies their age, date of birth, or dates of attendance or 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, any verification requests made under these exceptions must not require disclosure of the specific age, date of birth, or attendance or graduation dates on an initial employment application.

The Colorado Department of Labor and Employment is charged with enforcement.

Want to Keep Up with Compliance?

Join us for Keeping Up with Compliance, our quarterly webinar with with Kelly Uebel, Asurint General Counsel, for key compliance updates. Sign up to attend the live event on Thursday, July 27 or view the recorded event here.