Colorado Advertising laws & HR compliance analysis

Colorado Advertising: What you need to know

Colorado law prohibits false advertising as to any job condition (including type of work, compensation, and sanitary conditions). It also prohibits obtaining employees through any other type of misrepresentation. In addition, if an employer is recruiting workers during a strike or lockout, any job advertisement, job proposal, or employment contract must explicitly state that fact. An employer that violates this law is guilty of a misdemeanor and may be fined up to $2,000 or imprisoned for up to 1 year, or both (CO Rev. Stat. Sec. 8-2-104, Sec. 8-2-105).
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Employment agencies. A separate law prohibits employment agencies from circulating advertisements containing false statements or representations. Furthermore, an agency may not advertise for any position, including personnel for its own staff, without identifying in the ad that it is a private employment agency (CO Rev. Stat. Sec. 18-5-307).
The Colorado Anti-Discrimination Act prohibits public and private employers of any size from printing or circulating any statement, advertisement, or publication that expresses any limitation, specification, or discrimination based on disability, race, creed, color, sex, sexual orientation, religion, age (40 to 70 years), national origin, or ancestry, unless the preference is based on a bona fide occupational qualification (BFOQ) (CO Rev. Stat. Sec. 24-34-402 et seq.).
The Colorado Civil Rights Commission interprets BFOQ to mean that the requirements of a job can be met only by a person of a particular sex, creed, national origin, or ancestry; the Commission has indicated that race or color is never a BFOQ. In general, this exception will always be interpreted narrowly. It will be limited to ...

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