Colorado Pre-Employment Inquiries (Interviewing) laws & HR compliance analysis

Colorado Pre-Employment Inquiries (Interviewing): What you need to know

Protected classes. The Colorado Anti-Discrimination Act prohibits employment practices that discriminate on the basis of disability, race, creed, color, sex, sexual orientation, religion, age, national origin, or ancestry. The Act specifically prohibits employers from asking about any of these characteristics, unless based on a bona fide occupational qualification (BFOQ). The act covers all public and private employers, regardless of size (Colo. Rev. Stat. § 24-34-301 et seq.). Public employers are also prohibited from inquiring about a person's political affiliation, veteran's status, or organizational membership (Colo. Pers. Bd. R. 9-3).
Unless a referendum petition is filed, the Gender Identity Expression Anti-Discrimination Act (Colo. H.B. 21-1108) will take effect on August 18, 2021, and will update Colorado’s nondiscrimination provisions applicable to individuals seeking protection based on “sexual orientation” by including the terms “gender expression” and “gender identity” to employment discrimination prohibitions.
Accommodation for pregnancy. Employers must provide reasonable accommodation to a job applicant for health conditions related to pregnancy if requested by the applicant (Colo. Rev. Stat. § 24-34-402.3). It is unlawful for an employer to discriminate against an applicant or employee based on the need to make a reasonable accommodation for pregnancy.
Disabilities. Regulations issued by the state Civil Rights Commission prohibit an employer from asking whether a job applicant has a disability or about the nature or extent of any disability. An applicant may only be asked whether he or she has the ability to perform job-related functions. The law also restricts an employer's right to ...

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