Colorado's Job Application Fairness Act

August 2, 2023

Colorado recently enacted the Job Application Fairness Act (JAFA). The law becomes effective July 1, 2024. JAFA prohibits inquiring about a job applicant’s age during the hiring process.

Specifically, Colorado employers will be barred from requesting or requiring job applicants to include their “age, date of birth, or dates of attendance at or date of graduation from an educational institution” on initial employment applications.

An employer can request or require applicants to provide additional application materials, such as certifications and transcripts, but applicants must be informed that they can redact information identifying their “age, date of birth, or dates of attendance at or graduation from an educational institution.”

Employers can still request that applicants verify compliance with age requirements pursuant to (a) a bona fide occupational qualification pertaining to public or occupational safety, (b) a federal law or regulation, or (c) a state or local law or regulation based on a bona fide occupational qualification. However, these verification requests cannot require disclosure of the individual’s specific age, date of birth, or dates of attendance at or date of graduation from an educational institution on the initial employment application.

Violations of JAFA can result in penalties. An aggrieved person can file a complaint with the Colorado Department of Labor and Employment (CDLE). If the complaint is received within 12 months of the alleged violation, the CDLE will investigate.

An employer that violates JAFA is subject to one of the following penalties:

First violation: Warning and order requiring compliance within 15 business days.

Second violation: Order requiring compliance within 15 business days and a maximum civil penalty of $1,000.

Subsequent violations: Order requiring compliance within 15 business days and a maximum civil penalty of $2,500.

Each distinct job posting that violates JAFA is a separate violation. However, multiple individuals responding to the same job posting will not constitute multiple violations.