Colorado Employment Law Updates: Key Changes for Employers in 2024

The following changes to Colorado employment law apply to employers of all sizes.

APPLICANT AGE-RELATED INQUIRIES PROHIBITED

Beginning July 1, 2024, employers will be prohibited from asking for an applicant’s age, birth date, or school attendance or graduation dates on an initial job application. These limitations don’t apply to applications for jobs that will be performed entirely outside of Colorado.

However, employers can ask applicants to verify their compliance with certain age requirements imposed by any of the following:

• A bona fide occupational qualification (BFOQ) related to public or occupational safety
• A federal law or regulation
• A state or local law or regulation based on a BFOQ
• This means you can ask for a yes or no answer to a question like, “This job involves serving liquor and requires that you be at least 21 years old. Do you meet the age requirement?”

Additionally, employers can require that an applicant provide additional application materials (e.g., a resume) with their initial application, but only if they notify the applicant that they can redact information that identifies their age, birth date, or dates of schooling.

The Colorado Department of Labor and Employment has provided additional guidance on the law in INFO #9B.

Action Items

• Review your employment application and remove any questions prohibited by the law.
• Train those involved in the interview process not to ask questions that are likely to reveal the applicant’s age.

PROTECTIONS FOR RACE EXPANDED

The state has expanded the definition of race in its antidiscrimination statute to include hair length. If you have dress or grooming policies that regulate hair length, consider whether they’re absolutely necessary for your organization. If you believe they are, consider consulting with an attorney to ensure they don’t run afoul of this law. This law was passed on June 3, 2024, and took effect immediately.

Action Item

• Update your Equal Employment Opportunity (EEO) policy, and any other policies that include protected classes, to include hair length in the definition of race (if you include this level of detail).

ORGAN DONORS PROTECTED

Employers are prohibited from discriminating or taking adverse action against employees who donate an organ. The new law doesn’t specifically require that employers provide organ donation leave, but employees who donate an organ should be allowed to use any leaves that a similarly situated employee would be entitled to, such as a personal leave of absence. This law was passed on June 3, 2024, and took effect immediately.

Action Item

• Update your Equal Employment Opportunity (EEO) policy, and any other policies that include protected classes, to include organ donors.