Code of Colorado Regulations
700 - Department of Regulatory Agencies
708 - Civil Rights Commission
3 CCR 708-1 - STATE OF COLORADO CIVIL RIGHTS COMMISSION RULES AND REGULATIONS
DISABILITY
3 CCR 708-1-60.3 - Employment
Universal Citation: 700 CO Code Regs 3 CCR 708-1-60.3
Current through Register Vol. 47, No. 17, September 10, 2024
(A) Employment Criteria.
(1) An employer may not make use of
any employment test or other selection criterion that screens out or tends to
screen out persons with disabilities unless one or more of the following is
established:
(a) the test score of other
selection criterion is shown to be job-related for the position in question;
or
(b) alternative job-related
tests or criteria that screen out or tend to screen out fewer persons with
disabilities are unavailable.
(2) An employer shall select and administer
tests concerning employment to ensure that, when administered to an applicant
or employee who has a disability that impairs sensory, manual or speaking
skills, the test results accurately reflect the applicant's or employee's job
skills, aptitude, or whatever other factor the test purports to measure, rather
than reflecting the applicant's or employee's impaired sensory, manual or
speaking skills (except where those skills are the factors that the test
purports to measure).
(B) Employment Inquiries.
(1) Except as provided
in paragraphs (2) and (3) of this section, an employer may not conduct a
pre-employment medical examination, may not make pre-employment inquiries as to
whether the applicant is an individual with a disability, and may not inquire
about the nature or severity of a disability. An employer may, however, make
pre-employment inquiries into an applicant's ability to perform job-related
functions.
(2) When an employer has
taken remedial action to correct the effects of past discrimination or when an
employer is taking affirmative action, the employer may invite applicants for
employment to indicate whether and to what extent they are disabled provided
that:
(a) the employer states clearly on any
written questionnaire used for this purpose or makes clear orally if no written
questionnaire is used that the information requested is intended for use solely
in connection with its remedial action, obligations or its voluntary or
affirmative action efforts; and
(b)
the employer states clearly that the information is being requested on a
voluntary basis, that it will be confidential as provided in paragraph (4) of
this section, that the refusal to provide it will not subject the applicant or
employee to any adverse treatment, and that such information will be used only
in accordance with remedial and affirmative action.
(3) Nothing in this section shall prohibit an
employer from conditioning an offer of employment on the results of a medical
examination conducted prior to the employee's entrance on duty, provided that:
(a) all entering employees are subjected to
such an examination regardless of disability; and
(b) the results of such an examination are
used only in accordance with the requirements of these rules and
regulations.
(4)
Information obtained in accordance with this section shall be collected and
maintained on separate forms that shall be accorded the same confidentiality as
medical records, except that:
(a) supervisors
and managers may be informed regarding restrictions on the work or duties of
persons with disabilities and regarding necessary accommodations;
(b) first aid and safety personnel may be
informed where appropriate, if the condition might require emergency treatment;
and
(c) The information shall be
provided upon request to Staff of the Division conducting
investigations.
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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