Colorado – Ban the Box

Posted by: Megan Murphy

June 24, 2019

Colorado has joined a growing number of jurisdictions that have passed "ban‐the‐box" laws. The law limits when employers can inquire into and consider the criminal history of a job applicant.

Updates to Ban-the-Box Law

The Basics

  • Location: Colorado
  • Legislation: HB 19-1025
  • Type: Ban the Box
  • Effective Date: September 1, 2019 for Employers with 11 or more employees; September 1, 2021 for all employers

Key Takeaways:

  • Employers cannot inquire about or require an applicant to disclose criminal history on an initial application.
  • Prohibits stating in an advertisement that a person with a criminal history may not apply for the position.
  • Prohibits placing a statement in an employment application that a person with a criminal history may not apply for a position.

Which employers are affected?

This law applies to all private sector employers, regardless of size. In addition, this also include employment agencies as defined as well as any agent, representative or designee of an employer.

What is prohibited in the law?

  • Employers are prohibiting from advertising or placing a statement on the employment application that a person with a criminal history may not apply for the position.
  • Employers are also not allowed to inquire into, or require disclosure of, an applicant’s criminal history on the initial written or electronic application.

Are there any exceptions?

Yes, the following are exempt from this bill:
  • Federal, State, or Local Law or Regulation prohibits employing for the position a person with a specific criminal history.
  • The position is designated by the employer to participate in Federal, State, or Local government program to encourage the employment of people with criminal histories.
  • The employer is required by Federal, State, or Local Law or Regulation to conduct a criminal history record check for that position, regardless of whether the position is for an employee or independent contractor.

Recommendations

We recommend you review the Bill in its entirety and discuss with your legal counsel your organization’s policies and procedures to ensure compliance with the changing laws and regulations.

*Please note:  The information provided above is strictly for educational purposes.  It is not intended to be legal advice, either expressed or implied.  Accurate Background recommends that you consult with your legal counsel regarding all employment regulations.