State of Colorado to “Ban the Box” on Criminal Records in September 2019

(Last Updated On: May 29, 2019)

Special Announcement to all Colorado employers:

Effective 09/01/2019, the State of Colorado will impose a law (HB 19-1025) that restricts employers in the state from asking about criminal record information in the hiring process.

Under the law, the following restrictions, will apply:

ON AND AFTER SEPTEMBER 1, 2019, AN EMPLOYER WITH ELEVEN OR MORE EMPLOYEES, AND ON AND AFTER SEPTEMBER 1, 2021, ALL EMPLOYERS, SHALL NOT:

(a) STATE IN AN ADVERTISEMENT FOR AN EMPLOYMENT POSITION
I. THAT A PERSON WITH A CRIMINAL HISTORY MAY NOT APPLY FOR THE POSITION;
II. STATE ON ANY FORM OF APPLICATION, INCLUDING ELECTRONIC APPLICATIONS, FOR AN EMPLOYMENT POSITION THAT A PERSON WITH A CRIMINAL HISTORY MAY NOT APPLY FOR THE POSITION;
III. INQUIRE INTO, OR REQUIRE DISCLOSURE OF, AN APPLICANT’S CRIMINAL HISTORY ON AN INITIAL WRITTEN OR ELECTRONIC APPLICATION FORM.

(b) AN EMPLOYER MAY OBTAIN THE PUBLICLY AVAILABLE CRIMINAL BACKGROUND REPORT OF AN APPLICANT AT ANY TIME

This law will require a review of the hiring process in place and may require changes to that process. Justifacts recommends that you consult with your legal department to determine what changes, if any, need to be made to your hiring process in order to comply with this law.

It is important to note that Justifacts is providing this information as a service to our clients. None of the information contained herein should be construed as legal advice, nor is Justifacts engaged to provide legal advice. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult your attorney or legal department if you want assurance that our information, and your interpretation of it, is appropriate to your particular situation.

 

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