Colorado Restricts Employer Retention of Government-Issued IDs
The Basics
State: Colorado
Legislation: HB26-1283
Type: Human Rights
Effective: June 3, 2026
Key Takeaways
• Employers and their agents generally may not demand, confiscate, retain, or otherwise require an applicant or employee to surrender their government-issued identification card.
• Employers must provide notice and obtain acknowledgment from applicants and employees as part of the employment eligibility verification process.
What does this mean to employers?
Employers who hire and employ individuals in Colorado, including migrant and seasonal workers, should review how identification documents are handled during onboarding and employment eligibility verification.
Employers may request and temporarily retain documents to verify work authorization and may make and keep copies when permitted by law. However, original documents should be returned promptly and must not be retained for more than 10 hours.
Employers must also provide written notice, in the applicant’s or employee’s primary language, informing them that their employment eligibility will be verified. The individual must acknowledge receipt of this notice, and the acknowledgment must be maintained in the employee’s personnel record.
What are the penalties?
A knowing violation may result in criminal penalties. In general, violating the law’s prohibition is classified as criminal possession of an identification document, a class 2 misdemeanor. The law also provides that certain conduct may be treated as a bias-motivated crime, a class 1 misdemeanor, when done with intent to intimidate or harass an individual based on a protected characteristic.
Are there any exceptions?
Yes. The law includes limited exceptions that allow an employer to retain a government-issued identification document when:
• Retention is required or permitted by federal or state law or regulation, including for purposes of verifying an individual’s employment eligibility; or
• The document is retained pursuant to a judicial warrant.
Recommendations and Items of Consideration
Employers may want to review their current onboarding and employment verification processes to ensure they are meeting the new requirements in their entirety. We recommend employers consult with your legal counsel to evaluate existing policies and procedures and make any necessary updates to remain compliant with evolving 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.