Promoting Age Diversity: Colorado’s Job Application Fairness Act and Its Impact on Employment Practices

On June 2, 2023, Governor Jared Polis signed into law the Job Application Fairness Act (JAFA), a groundbreaking piece of legislation that prohibits employers from inquiring about a job applicant’s age during the hiring process. With this new law, Colorado joins a growing number of states that have prioritized job application fairness and pushed back on age discrimination.

Background on Colorado’s Previous Hiring Process Requirements

Colorado has been at the forefront of creating a more fair and transparent hiring process for job seekers. The state previously implemented the “ban-the-box” restriction that prohibits employers from inquiring about criminal histories during the hiring process. Additionally, the state requires the inclusion of salary and benefits information in job postings. These measures were enacted to promote transparency and help job seekers make informed decisions.

Overview of the Job Application Fairness Act (JAFA)

JAFA is designed to promote age neutrality in the hiring process. Employers are prohibited from inquiring about an applicant’s age, date of birth, and attendance dates of graduation from an educational institution during the initial employment application. This provision encourages a more level playing field for job seekers, regardless of their age. Under JAFA, there are three specific pieces of information that employers are prohibited from inquiring about during the initial employment application process. These include an applicant’s age, date of birth, and dates of attendance at or graduation from an educational institution. By prohibiting these inquiries, the state aims to reduce age discrimination in the hiring process.

Notification to Applicants Regarding Redaction of Identifying Information

When employers request application materials, such as transcripts or graduation certificates, under JAFA, they must notify applicants that they may redact information that identifies their age, date of birth, or dates of school attendance or graduation. This additional requirement is designed to protect applicants from age discrimination.

Limitations apply only to initial employment applications

The Job Application Fairness Act applies only to the initial employment application, mirroring the limitations on inquiring about criminal histories under the Colorado Chance to Compete Act. Employers are still free to ask about an applicant’s age after a conditional offer of employment has been made.

Limited circumstances where age verification is permissible

JAFA allows employers to request that an applicant verifies compliance with age requirements in limited circumstances where age is a bona fide occupational qualification pertaining to public or occupational safety. Such information is required under federal law or regulation, or under a state or local law or regulation based on a bona fide occupational qualification. JAFA will become effective on July 1st, 2024, giving employers ample time to review their hiring practices and ensure compliance with its requirements. Employers who fail to comply with the law may face legal action and penalties.

By outlawing age discrimination in the hiring process, Colorado is setting an example for other states to follow. The Job Application Fairness Act is a critical piece of legislation that will help promote age neutrality and level the playing field for job seekers. Employers in Colorado must ensure compliance with the law to avoid legal action and penalties. With these measures in place, Colorado may become a more attractive destination for job seekers of all ages who are looking for a fair and transparent hiring process.

Explore more

Hotels Must Rethink Recruitment to Attract Top Talent

With decades of experience guiding organizations through technological and cultural transformations, HRTech expert Ling-Yi Tsai has become a vital voice in the conversation around modern talent strategy. Specializing in the integration of analytics and technology across the entire employee lifecycle, she offers a sharp, data-driven perspective on why the hospitality industry’s traditional recruitment models are failing and what it takes

Trend Analysis: AI Disruption in Hiring

In a profound paradox of the modern era, the very artificial intelligence designed to connect and streamline our world is now systematically eroding the foundational trust of the hiring process. The advent of powerful generative AI has rendered traditional application materials, such as resumes and cover letters, into increasingly unreliable artifacts, compelling a fundamental and costly overhaul of recruitment methodologies.

Is AI Sparking a Hiring Race to the Bottom?

Submitting over 900 job applications only to face a wall of algorithmic silence has become an unsettlingly common narrative in the modern professional’s quest for employment. This staggering volume, once a sign of extreme dedication, now highlights a fundamental shift in the hiring landscape. The proliferation of Artificial Intelligence in recruitment, designed to streamline and simplify the process, has instead

Is Intel About to Reclaim the Laptop Crown?

A recently surfaced benchmark report has sent tremors through the tech industry, suggesting the long-established narrative of AMD’s mobile CPU dominance might be on the verge of a dramatic rewrite. For several product generations, the market has followed a predictable script: AMD’s Ryzen processors set the bar for performance and efficiency, while Intel worked diligently to close the gap. Now,

Trend Analysis: Hybrid Chiplet Processors

The long-reigning era of the monolithic chip, where a processor’s entire identity was etched into a single piece of silicon, is definitively drawing to a close, making way for a future built on modular, interconnected components. This fundamental shift toward hybrid chiplet technology represents more than just a new design philosophy; it is the industry’s strategic answer to the slowing