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.