Colorado Job Application Fairness Act
06/14/2024The Colorado Job Application Fairness Act (JAFA), which will be effective on July 1, 2024, applies to all public and private Colorado employers, regardless of size. The law prohibits employers from requesting or requiring information about a job applicant’s age or other age-related information “at the time of an initial employment application.” Employers may request age-related information after processing the initial application, such as for background checks requiring an applicant’s date of birth.
Employers can confirm whether an applicant meets certain age restrictions for a position with age requirements under federal, state, or local laws or a bona fide occupational qualification (BFOQ) related to public or occupational safety. For example, an employer may ask if an applicant is “over 18” or “over 21” if relevant or necessary for the position. However, such verifications cannot request specific information about an applicant’s specific age, date of birth, or dates of school attendance and graduation from an educational institution.
JAFA also allows employers to request applicants to provide copies of transcripts or other certifications during the initial application process, but the employer must advise applicants that they may redact information related to age, date of birth, or dates of attendance at or graduation from an educational institution.
To ensure compliance with JAFA by the effective date of July 1, 2024, employers should review job postings, job ads, employment applications, and hiring, interviewing, and background check processes to make sure they do not include any prohibited age-related inquiries during the initial application process. We also recommend that employers train managers and staff involved in the interviewing and hiring process about the law.
Please contact us if you have any questions about JAFA.