Colorado § 8-1-153 - Private employers - veterans' preference hiring policy - definitions.

§ 8-1-153. Private employers - veterans' preference hiring policy - definitions.

(1) As used in this section:

(a) "Eligible individual" means:

(I) A veteran with a disability who has a one hundred percent permanent and total disability rating if the date of hiring is within ten years after the veteran's date of discharge;

(II) A veteran, a veteran with a less than one hundred percent permanent and total disability rating, a member of the military reserves, or a member of the National Guard who received discharge document DD214 if the date of hiring is within five years after the date of discharge; or

(III) The spouse of a service member killed in the line of duty if the date of hiring is within five years after the date of the death of the service member.

(b) "Private employer" means a private, nonpublic person that employs one or more employees within the state.

(c) "Veteran" has the same meaning as set forth in section 8-14.3-202 (8).

(d) "Veterans' preference hiring policy" means a private employer's preference for hiring an eligible individual if the eligible individual is at least as qualified as the other applicants.

(e) "Veteran with a disability" means a veteran who has a compensable, service-connected disability as adjudicated by the United States department of veterans affairs or the appropriate branch of the armed forces.

(2) A private employer may adopt and apply a veterans' preference hiring policy if:

(a) The private employer applies the veterans' preference hiring policy uniformly to all hiring decisions;

(b) The private employer requires a veteran to provide proof of service by furnishing a copy of the veteran's discharge document DD214;

(c) The private employer requires the spouse of a service member killed in the line of duty to furnish proof of marriage to the service member killed in the line of duty and a copy of the service member's discharge document DD214 and the death certificate; and

(d) The veterans' preference hiring policy is in writing, public, and implemented at least fourteen days before it is applied to any new job posting or new hiring decision.

(3) The adoption and application of a veterans' preference hiring policy by a private employer in accordance with this section creates a rebuttable presumption that such policy is not a discriminatory or unfair employment practice in violation of part 4 of article 34 of title 24.

(4) (a) On or before September 1, 2021, the Colorado office of economic development shall begin the development of production materials to educate and encourage employers to hire veterans.

(b) The general assembly shall appropriate twenty-five thousand dollars from the general fund to the Colorado office of economic development, created in section 24-48.5-101, for allocation to the Colorado office of film, television, and media, created in section 24-48.5-115, for the purposes of this subsection (4).

(5) A private employer may advertise for and actively recruit veterans to apply for employment with the private employer regardless of whether the private employer adopts a veterans' preference hiring policy.

Source: L. 2021: Entire section added, (HB 21-1065), ch. 295, p. 1757, § 1, effective September 7.

Labor Relations

ARTICLE 2

Labor Relations, Generally

PART 1

GENERAL PROVISIONS

8-2-101. Combination of employees for peaceable objects lawful.

8-2-102. Coercion of employees unlawful.

8-2-103. Penalty for coercing employees.

8-2-104. Obtaining workmen by misrepresentation unlawful.

8-2-105. Penalty.

8-2-106. Armed guards - when lawful.

8-2-107. Workman engaged by false representations to recover damages.

8-2-108. Unlawful for employer to prevent employees participating in politics.

8-2-109. Rights of person charged with contempt.

8-2-110. Unlawful to publish blacklist.

8-2-111. Penalty for blacklisting.

8-2-111.5. Certain employment references - exception to blacklisting prohibition.

8-2-111.6. Health-care employers - immunity from civil liability - requirements - exception to blacklisting prohibition - legislative declaration.

8-2-111.7. Employees working with persons with intellectual and developmental disabilities - immunity from civil liability - requirements - exception to blacklisting prohibition - legislative declaration - definitions.

8-2-112. Unlawful to publish notice of boycott.

8-2-113. Unlawful to intimidate worker - agreement not to compete - prohibition - exceptions - notice - rules - definitions.

8-2-114. Immunity from civil liability for employer disclosing information - employer shall not maintain blacklist - credit lists excepted.

8-2-115. Violation of sections - misdemeanor - repeal. (Repealed)

8-2-116. Age of employee not ground for discharge. (Repealed)

8-2-117. Penalty for violation. (Repealed)

8-2-118. Cost of medical examination - employer and employee defined.

8-2-119. Awards of back pay - deduction of unemployment compensation.

8-2-120. Residency requirements prohibited for public employment - legislative declaration - definitions.

8-2-121. Document fraud - penalties. (Repealed)

8-2-122. Employment verification requirements - audits - fine for fraudulent documents - cash fund created - definitions.

8-2-123. Health-care workers - retaliation prohibited - definitions.

8-2-124. Electronic verification program - availability - notice to employers - definitions.

8-2-124.5. Identification documents - retention by employers prohibited - definition.

8-2-125. Identification of workers engaged in off-site work - permissible forms of identification - exceptions - definitions.

8-2-126. Employer use of consumer credit information - violation - short title - definitions.

8-2-127. Prohibitions of employer - requiring access to personal electronic communication devices - definitions - rules.

8-2-128. Prohibitions of employer - requiring social security number - exceptions.

8-2-128.5. Prohibitions of non-employer - requiring social security number - exceptions - definitions.

8-2-129. Access to personnel files and records - definitions - exemptions.

8-2-130. Criminal history - limits on advertisements and applications - exceptions - enforcement - rules - short title - definitions.

8-2-131. Age of job applicants - limits on applications - exceptions - enforcement - rules - short title - definitions.

8-2-132. Prohibition on employers - living organ donation - retaliation - adverse action - civil action - penalty for violation - definitions.

PART 2

EMPLOYER'S LIABILITY

8-2-201. Damages - fellow servant rule abolished - limitation on admission of criminal history.

8-2-202. Damages in case of death - limit.

8-2-203. Who may sue - consolidation of actions.

8-2-204. Limitation of actions - limit of damages.

8-2-205. Assumption of risk abolished.

8-2-206. Agricultural employers - agricultural employees - violations - penalties - definitions.

PART 1

GENERAL PROVISIONS