Colorado Governor Jared Polis took a significant step towards promoting fairness in the hiring process by signing the Job Application Fairness Act (JAFA) into law on June 2nd, 2023. This new legislation specifically addresses the issue of age discrimination by prohibiting employers from asking about an applicant’s age during the hiring process. JAFA builds upon Colorado’s existing requirements and guidelines for hiring, which already include restrictions on inquiring about criminal histories (commonly known as “ban-the-box”) and the mandatory inclusion of salary and benefit information in job postings. JAFA will officially take effect on July 1st, 2024.
Exploring The Law In Detail
JAFA outlines the specific information employers are forbidden from requesting during the initial employment application. This includes the applicants:
- Age
- Date of birth
- Dates of school attendance or graduation
Suppose an employer requires application materials such as transcripts or graduation certificates. In that case, they must inform applicants that they can redact any information that reveals their age, date of birth, or school attendance/graduation dates. It’s important to note that these restrictions apply exclusively “at the time of an initial employment application.”
Under certain circumstances, JAFA does allow employers to request verification of compliance with age requirements in the initial employment application. These circumstances include cases where:
- Age is a legitimate occupational qualification related to public or occupational safety
- Such information is required by federal law or regulation
- A state or local law or regulation mandates such information based on a legitimate occupational qualification
While JAFA does not grant applicants the right to pursue legal action for a violation of the law, employers may face penalties if found to be in violation by the Colorado Department of Labor and Employment (CDLE). Applicants who believe JAFA has been violated can file a complaint within 12 months of the violation, prompting an investigation by the CDLE to determine the merits of the claim.
If the CDLE finds an employer guilty of violating JAFA, the following penalties will be imposed:
- First violation: A warning and an order to achieve compliance within 15 business days
- Second violation: An order to achieve compliance within 15 business days and a maximum civil penalty of $1,000
- Subsequent violations: An order to achieve compliance within 15 business days and a maximum civil penalty of $2,500
When JAFA goes into effect in 2024, Colorado will join the ranks of states such as California, Connecticut, Minnesota, and Pennsylvania that have implemented legislation prohibiting age-related inquiries during the job application process.
Allow GMS To Lend A Helping Hand
With evolving employment laws and regulations, small business owners in Colorado can significantly benefit from partnering with a professional employer organization (PEO). As a PEO, GMS is committed to assisting business owners across the country in navigating and implementing these significant changes within their organizations.
As JAFA takes effect and joins a growing list of legislative measures to foster fair employment practices, the complexities of compliance can be daunting for small business owners. However, with the guidance and expertise of GMS, navigating these changes becomes more manageable. Our experts stand ready to provide support, empowering businesses in Colorado to focus on their core operations while ensuring they meet the requirements of the law. By harnessing the resources and knowledge of a trusted PEO, your small business can thrive, knowing you have a helping hand to guide you through the intricacies of employment regulations and promote a fair and inclusive work environment. Contact us today to learn more.