Code of Colorado Regulations
1100 - Department of Labor and Employment
1101 - Division of Labor Standards and Statistics (Includes 1103 Series)
7 CCR 1103-18 - POSTING, SCREENING, AND TRANSPARENCY RULES ("POST Rules")
12 - Rules as to the Job Application Fairness Act

Current through Register Vol. 47, No. 17, September 10, 2024

12.1 Initial Application Requirements.

12.1.1 An employer may request or require additional application materials, such as resumes, CVs, transcripts, or certifications, during an initial employment application, provided that the employer notifies the applicant that the applicant may redact or remove information that identifies their age, date of birth, or dates of attendance at or graduation from an educational institution.

12.1.2 Employers may request an individual to verify compliance with age requirements imposed by law or regulation, or enrollment or membership in a program or organization required for the position, so long as the individual is not required to disclose their "specific age, date of birth, or dates of attendance at or date of graduation from an educational institution on an initial employment application." This includes that an employer may ask:
(A) if an applicant is at least an age legally required to perform the job; or

(B) whether an applicant is enrolled in a school or education program for a position that requires such enrollment.

12.2 Bona Fide Occupational Qualifications.

12.2.1 If an employer claims that it is or was required to verify compliance with age requirements imposed pursuant to or required by a bona fide occupational qualification pertaining to public or occupational safety, it must establish that the challenged practice does indeed effectuate that goal and that there is no acceptable alternative which would better advance it or equally advance it with less discriminatory impact.

12.2.2 If an employer claims that it is or was required to verify compliance with age requirements imposed pursuant to or required by a federal, state, or local law or regulation based on a bona fide occupational qualification, it must establish that the age limit imposed by the law or requirement is reasonably necessary to the essence of the business, and either that:
(A) all or substantially all individuals excluded from the job involved are in fact disqualified; or

(B) some of the individuals so excluded possess a disqualifying trait that cannot be ascertained except by reference to age.

12.2.3 Whether occupational qualifications will be deemed to be "bona fide" to a specific job will be determined on the basis of all the pertinent facts surrounding each particular situation. It is anticipated that inquiries based on a bona fide occupational qualification will be limited in scope and application.

Disclaimer: These regulations may not be the most recent version. Colorado may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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