Beginning in September 2019, Colorado employers can no longer ask about an applicant’s criminal history on an initial job application. The legislation applies to all public and private sector employers, however, employers with fewer than 11 employees have until September 2021 to comply. The act aims to prevent bias against applicants with a criminal record.
Employers are also now prohibited from stating in a job advertisement or application that an individual with a criminal history should not apply for a position. Employers may still legally conduct background checks and seek out public information on an applicant’s criminal history.
Colorado is the 13th state to enact ban-the-box legislation statewide for private employers. For more information on state and local laws in your area, click here.
If you have questions about how this legislation affects your business, please call 913.345.0440 and ask for Randy Woehl, director of our HR Consulting division.