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

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

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 (CO Rev. Stat. Sec. 24-34-301 et seq.). Public employers are also prohibited from inquiring about a person's political affiliation, veteran's status, or organizational membership (CO Personnel Board Rule 9.3).
For a Limited Time receive a FREE HR Report on the "Critical HR Recordkeeping”.  This exclusive special report covers hiring records, employment relationships, termination records, litigation issues, electronic information issues, tips for better recordkeeping, and a list of legal requirements.  Download Now
BFOQ exception. An employer may make an employment inquiry about a protected characteristic only if it is reasonably necessary to the normal operation of the employer's business and there is no less intrusive way to ensure that the applicant will be able to perform the essential functions of the job in question. In order to be a BFOQ, a characteristic must be absolutely essential to the applicant's ability to perform the job. For example, being female would be a legitimate BFOQ for a person applying for a job as a model of women's clothing. The BFOQ exception applies only in limited circumstances, and in general, courts have been extremely reluctant to sanction otherwise discriminatory practices on BFOQ grounds. Employers should use caution in relying on the BFOQ rationale and should always consult with legal counsel before making any inquiries on the basis of a BFOQ.
Accommodation for pregnancy. Employers must provide reasonable accommodation to a job applicant for health conditions related to pregnancy if requested by the applicant (CO Rev. Stat. Sec. 24-34-402.3). It is unlawful for ...

Read more about Pre-Employment Inquiries (Interviewing)