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

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

(1) Short title. The short title of this section is the "Colorado Chance to Compete Act".

(2) Definitions. As used in this section:

(a) "Criminal history" means the record of arrests, charges, pleas, or convictions for any misdemeanor or felony at the federal, state, or local level.

(b) "Department" means the department of labor and employment.

(c) (I) "Employer" means a person that regularly engages the services of individuals to perform services of any nature. "Employer" includes:

(A) An agent, representative, or designee of an employer; and

(B) An employment agency, as defined in section 24-34-401 (4).

(II) "Employer" does not include the state, a local government, or a quasi-governmental entity or political subdivision of the state.

(3) Criminal history information - limits on advertisements and applications - permissible uses.

(a) On and after September 1, 2019, an employer with eleven or more employees, and on and after September 1, 2021, all employers, shall not:

(I) State in an advertisement for an employment position that a person with a criminal history may not apply for the position;

(II) State on any form of application, including electronic applications, for an employment position that a person with a criminal history may not apply for the position; or

(III) Inquire into, or require disclosure of, an applicant's criminal history on an initial written or electronic application form.

(b) An employer may obtain the publicly available criminal background report of an applicant at any time.

(4) Exceptions. This section does not apply to a position being offered or advertised if:

(a) Federal, state, or local law or regulation prohibits employing for that position a person with a specific criminal history;

(b) The position is designated by the employer to participate in a federal, state, or local government program to encourage the employment of people with criminal histories; or

(c) The employer is required by federal, state, or local law or regulation to conduct a criminal history record check for that position, regardless of whether the position is for an employee or an independent contractor.

(5) Enforcement - notice and records retention rules.

(a) This section does not create or authorize a private cause of action by a person aggrieved by a violation of this section and does not create a protected class under section 24-34-402. The penalties set forth in this subsection (5) are the sole remedy for a violation of this section. The issuance of a warning, order, or penalty for a violation of this section is not evidence of a violation of part 4 of article 34 of title 24.

(b) A person who is aggrieved by a violation of this section may file a complaint with the department. If the department receives a complaint within twelve months after the act that is alleged to violate this section occurred, the department shall investigate the complaint unless the department determines that the complaint is without merit.

(c) An employer that violates this section is liable for one of the following penalties:

(I) For the first violation, a warning and an order requiring compliance within thirty days;

(II) For the second violation, an order requiring compliance within thirty days and a civil penalty not to exceed one thousand dollars; or

(III) For a third or subsequent violation, an order requiring compliance within thirty days and a civil penalty not to exceed two thousand five hundred dollars.

(d) An employer is not subject to penalties for a second or subsequent violation under subsection (5)(c) of this section unless the employer:

(I) Failed to comply with an order requiring compliance within thirty days after the date of the order; or

(II) Complied with an order requiring compliance within thirty days but then committed a violation of this section more than thirty days after the issuance of the order.

(e) The department shall adopt rules regarding procedures for handling complaints filed against employers alleging a violation of this section, including:

(I) Requirements for providing notice to an employer alleged to have violated this section; and

(II) Requirements for retaining and maintaining relevant employment records during a pending investigation.

Source: L. 2019: Entire section added, (HB 19-1025), ch. 284, p. 2647, § 2, effective August 2.

Cross references: For the legislative declaration in HB 19-1025, see section 1 of chapter 284, Session Laws of Colorado 2019.