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")
2 - Definitions

Universal Citation: 7 CO Code Regs 1103-18 ยง 2

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

2.1 "Adverse action" means termination, discipline, failure to hire or promote, lower compensation, or other action that may deter activity protected by any of the POST Acts.

2.2 "Aggrieved by" means a possible or perceived violation witnessed by, suffered by, or injured by.

2.3 "Career development" means "a change to an employee's terms of compensation, benefits, full-time or part-time status, duties, or access to further advancement in order to update the employee's job title or compensate the employee to reflect work performed or contributions already made by the employee[,]" C.R.S. § 8-5-101 (1.3), which means that such existing work or contributions:

(A) were part of the employee's existing job; and

(B) were not within a position with a current or anticipated "vacancy" as defined in C.R.S. § 8-5-101 (8.5) and these Rules.

2.4 "Career progression" means "a regular or automatic movement from one position to another based on time in a specific role or other objective metrics." C.R.S. § 8-5-101 (1.5).

2.5 "Complaint" or "Claim" interchangeably mean a Complaint or Claim alleging a violation of one of the POST Acts. "Complainant" means a person with a Complaint or Claim.

2.6 "Consumer credit information" means a written, oral, or other communication of information bearing on a consumer's creditworthiness, credit standing, credit capacity, or credit history. "Consumer credit information" includes a credit score but does not include the address, name, or date of birth of an employee associated with a social security number. "Consumer credit information" does not include income or work history verification.

2.7 "Credit score" means an attempted numerical quantification of a person's creditworthiness or credit history.

2.8 "Division" means the Division of Labor Standards and Statistics within the Department of Labor and Employment.

2.9 "Electronic communications device" means a device that uses electronic signals to create, transmit, and receive information, including computers, telephones, personal digital assistants, and other similar devices.

2.10 "Employee" has the meaning provided in C.R.S. § 8-4-101(5), and includes every person who may be permitted, required, or directed by any employer in consideration of direct or indirect gain or profit, to engage in any employment, and includes an applicant for employment.

2.11 "Employer" has the meaning provided in C.R.S. § 8-4-101(6), except where a different meaning is otherwise required by statute, including:

(A)Under the Employment Opportunity Act, "employer" has the meaning provided by C.R.S. § 8-2-126(2)(e);

(B) Under the Social Media and the Workplace Law, "employer" has the meaning provided by C.R.S. § 8-2-127(1)(c);

(C) Under the Colorado Chance to Compete Act, "employer" has the meaning provided by C.R.S. § 8-2-130(2)(c);

(D) Under the Job Application Fairness Act, "employer" has the meaning provided by C.R.S. § 8-2-131(2)(b); and

(E)Under the Equal Pay for Equal Work Act, "employer" has the meaning provided by C.R.S. § 8-5-101(5).

2.12 "Employment purposes" means evaluating a person for employment, hiring, promotion, demotion, reassignment, adjustment in compensation level, or retention as an employee.

2.13 "Initial employment application" or "initial written or electronic application form" includes all items the employer requires in order for an applicant to submit complete application materials for a position.

2.14 A "job opportunity" means "a current or anticipated vacancy for which the employer is considering a candidate or candidates or interviewing a candidate or candidates or that the employer externally posts." C.R.S. § 8-5-101 (5.5)(a). A job opportunity "does not include career development or career progression." C.R.S. § 8-5-101 (5.5)(b).

2.15 A "posting" and a "notice" of a job opportunity are interchangeable terms in these Rules; any "posting" qualifies as a "notice," and any "notice" qualifies as a "posting." A "notification of ... [a] job opportunity" (interchangeably termed a "job opportunity notice") that must include compensation and benefits includes both a notice to current employees required by C.R.S. § 8-5-201(1) and a posting an employer "externally posts" to others outside the employer. C.R.S. § 8-5-101 (5.5)(a).

2.16 "POST Acts" refer to the Employment Opportunity Act, C.R.S. § 8-2-126; the Social Media and the Workplace Law, § 8-2-127; the Colorado Chance to Compete Act, § 8-2-130; the Job Application Fairness Act, § 8-2-131; and the Equal Pay for Equal Work Act, § 8-5-201 et seq.

2.17 "Prevailing party" means a claimant or employer who successfully achieves a favorable outcome.

2.18 "Substantially related to the employee's current or potential job" means the information contained in a credit report is related to the position for which the employee who is the subject of the report is being evaluated because the position:

2.18.1 Constitutes executive or management personnel or officers or employees who constitute professional staff to executive and management personnel, and the position involves one or more of the following -
(A) Setting the direction or control of a business, division, unit, or an agency of a business,

(B) A fiduciary responsibility to the employer,

(C) Access to customers', employees', or the employer's personal or financial information other than information customarily provided in a retail transaction, or

(D) The authority to issue payments, collect debts, or enter into contracts;

2.18.2 Involves contracts with defense, intelligence, national security, or space agencies of the federal government; or

2.18.3 Is with a bank or financial institution.

2.19 A "vacancy" means "an open position, whether as a result of a newly created position or a vacated position." C.R.S. § 8-5-101 (8.5).

2.20 Any other definitions set forth in the POST Acts are hereby incorporated by reference, except where terms are defined differently in these Rules.

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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