Post employment inquiries - Colorado

Summary of differences between federal and state regulations

In Colorado, an employer/former employer may disclose an employee’s/former employee’s job history or job performance to a prospective employer upon request of the prospective employer or employee/former employee, unless the information is false and the employer/former employer knew it to be false or should have known it to be false. An employer may be liable for disclosures that are false and known to be false or should have been known to be false.

If an employer/former employer sends written information to a prospective employer, he/she must also send a copy to the employee/former employee, upon request. The employer/former employer must use the last-known address of the employee/former employee. The employee/former employee may also obtain a copy by visiting the employer/former employer during normal hours; however, the employee/former employee may be charged a reasonable fee for the copy.

School districts may disclose to other school districts or schools certain information about teachers listed at Section 22-63-202 and -203.

Blacklisting or notifying an employer of a blacklisted employee, in order to prevent that employee from obtaining employment, is a crime. However, certain financial institutions may disclose to prospective employers information about theft and certain other criminal activity involving money, unless that institution is not acting in good faith. A lack of good faith may be shown if the institution discloses false information recklessly or intentionally.

State

Contact

Colorado Department of Labor and Employment

Regulations

Colorado Revised Statute 8-2-110, Unlawful to publish blacklist
www.lexisnexis.com/hottopics/michie/

Colorado Revised Statute 8-2-111.5, Certain employment references - exception to blacklisting prohibition
www.lexisnexis.com/hottopics/michie/

Colorado Revised Statute 8-2-114, Immunity from civil liability for employer disclosing information – employer shall not maintain blacklist – credit lists excepted
www.lexisnexis.com/hottopics/michie/

Colorado Revised Statute 22-63-202. Employment contracts - contracts to be in writing - duration - damage provision
www.lexisnexis.com/hottopics/michie/

Colorado Revised Statute 22-63-203. Probationary teachers - renewal and nonrenewal of employment contract
www.lexisnexis.com/hottopics/michie/

Federal

Contacts

None.

Regulations

None.