Colorado Bans the Box for Private Employers
In late May, Colorado Governor Jared Polis signed a new law enacting ban-the-box legislation for private employers. The Colorado Chance to Compete Act (House Bill 19-1025) will prohibit employers from asking about criminal history on either an initial written or electronic application.
The legislation will go into effect for employers with 11 or more employees on September 1, 2019, then to all employers by September 2021.
According to the law, an “employer” is “a person that regularly engages the services of individuals to perform services of any nature,” which includes any representative of an employer or employment agencies as defined by state law. A “criminal history” is record of “arrests, charges, pleas, or convictions for any misdemeanor or felony at the federal, state, or local level.”
The legislation makes it unlawful for an employer to expressly state in any written or digital communications (applications, job postings, advertisements) that those with a criminal history may not apply for the position. Employers may not inquire into or require a disclosure of a criminal history in an initial application—both written or electronic.
The law does not apply to a position being offered or advertised if:
- The employer is the state, local government, or quasi-governmental entity or political subdivision of the state
- Federal, state or local laws deem an applicant with a criminal history unable to hold the position
- The employer is required by law to conduct a criminal history record check for the position (both for employees or independent contractors)
An interesting note from Seyfarth-Shaw: the law specifically allows an employer to “obtain the publicly available criminal background report of an applicant at any time.” While many ban-the-box laws either expressly or could be read to prohibit such a practice, Colorado expressly allows it.
In the event of a violation, the Colorado Department of Labor will first send a warning, then fine employers up to $2,500 for each subsequent violation.
What’s Next
Considering this legislation, employers like you need to be aware and may need to make adjustments to current hiring processes in order to comply with the law.
Corporate Screening reminds you to review procedures, application forms, processes and other documents to ensure that everything adheres to law. As your trusted partner, our team is available to assist with any questions or concerns about compliance. Please contact Customer Support at 800-229-8606 option 4. You can also fill out the support request form.
Information contained here is intended only as a service to inform or be educational in nature. Nothing herein should ever be construed as legal advice or opinion, nor as the offer of such. Corporate Screening makes no representations about whether the use of this information or documents would ensure legal compliance by the end user with all applicable federal, state, and local requirements. You are strongly advised to consult with your own legal or other counsel regarding the use of background screening information, forms, and processes.