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).
Under the Act, the term “gender expression” means an individual’s way of reflecting and expressing the individual’s gender to the outside world, typically through appearance, dress, and behavior (Colo. H.B. 21-1108).
The Act defines the term “race” to include hair texture, hair type, or a protective hairstyle that is commonly or historically associated with race. A “protective hairstyle” is defined to include hairstyles such as braids, locs, twists, tight coils or curls, cornrows, Bantu knots, Afros, and headwraps.
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 ...

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