Age discrimination - Colorado

Summary of differences between Federal and State Regulations

Job Application Fairness Act (JAFA)

On June 2, 2023 Gov. Jared Polis signed into law SB 23-058, the Job Application Fairness Act (JAFA), prohibiting employers from inquiring about a job applicant’s age.

The specific information JAFA forbids employers from inquiring about includes an applicant’s (1) age, (2) date of birth, and (3) dates of attendance at or graduation from an educational institution. Notably, these restrictions apply only “at the time of an initial employment application,” mirroring the limitations on inquiring as to criminal histories under the Colorado Chance to Compete Act.

Employer defined

"Employer" means the state of Colorado or any political subdivision, commission, department, institution, or school district thereof, and every other person employing persons within the state. It does not mean religious organizations or associations, except those supported in whole or in part by money raised by taxation or public borrowing.

Unlawful employment practices

The unlawful employment practices, as well as the exemptions, are similar to those under the federal Age Discrimination in Employment Act. These include provisions for apprenticeship and other training programs, licenses or certifications, advertisements, and retaliation.

It is discriminatory for an employer, or its agents or supervisory employees, to harass, with or without loss of income or other tangible employment action, a person during employment because of age. Harassment occurs if an intimidating, hostile or offensive working environment is created. An objectionable environment exists if a reasonable person would find the workplace hostile or abusive and the victim perceived the workplace to be offensive.

In the event of alleged workplace harassment a defending employer may raise an affirmative defense to liability to a victimized employee. Such defense is that:

• the employer exercised reasonable care to prevent and correct promptly any harassing behavior, and
• the victimized employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to avoid harm otherwise.

Employers are encouraged to take all steps necessary to prevent workplace harassment from occurring, such as affirmatively raising the subject, expressing strong disapproval, developing appropriate sanctions, informing employees of their right to raise and how to raise the issue of harassment and developing methods to sensitize all concerned.

Posting

Every covered employer and entity must post a notice furnished by the Colorado Civil Rights Commission which contains the provisions of Colorado Revised Statutes, Title 24, Article 34, Parts 3 through 7.

Employers and employment agencies must post notices conspicuously in easily accessible and well-lighted places customarily frequented by employees and applicants for employment, and at or near each location where employees' services are performed.

Labor organizations must post notices conspicuously in easily accessible and well-lighted places customarily frequented by members and applicants for membership.

Places of public accommodation, amusement and resort, must post notices conspicuously in easily accessible and well-lighted places customarily frequented by people seeking accommodation, amusement, recreation, or other services offered to the general public.

Real estate brokers or agents, home builders, home mortgage lenders and all other persons who transfer, rent, or finance real estate must obtain one or more printed nondiscrimination notices and post them in all places where real estate transfers, rentals and loans are executed. The notices must be posted and maintained in conspicuous, well-lighted and easily accessible places ordinarily frequented by prospective buyers, renters, borrowers, and the general public.

State

Contact

Colorado Civil Rights Division

State Regulations

Colorado Revised Statutes Title 24, Article 34, Part 4: Employment Practices

www.lexisnexis.com/hottopics/Colorado/

Federal

Contact

Equal Employment Opportunity Commission (EEOC)

Regulations

29 CFR Part 1625, Age Discrimination in Employment Act

29 CFR 1626, Procedures — Age Discrimination in Employment Act

29 CFR 1627, Records to be Made or Kept Relating to Age: Notices to be Posted: Administrative Exemptions