Job Application Fairness Act (“JAFA”)

Beginning July 1, 2024, Colorado employers may not ask individuals to disclose their age, date of birth, or dates of school attendance or graduation on an initial employment application.  An employer may require additional application materials such as certifications and transcripts that contain information about age, date of birth, or dates of school attendance or graduation, but must notify individuals that they may redact such information.

Employers may request an individual to verify compliance with age requirements that relate to safety qualifications, or a local, state, or federal law or regulation.  Such requests may not, however, require an individual to disclose a specific age, date of birth, or date of attendance or graduation from an educational institution.

There is no private right of action for violations of this law, but an individual may file an administrative complaint with the Colorado Department of Labor and Employment.  Employers will receive a warning for first violations, but may be subject to civil penalties up to $2,500 for subsequent violations.

Employers should review and revise their employment application forms before July 1, 2024 to ensure that they do not require applicants to disclose age, date of birth, or date of school attendance or graduation.

If you would like assistance revising your documents or establishing compliant procedures, please reach out to the Labor and Employment team.

 

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