Colorado Application Forms laws & HR compliance analysis

Colorado Application Forms: What you need to know

The Colorado Antidiscrimination Act prohibits employment practices that discriminate or harass on the basis of disability, race, creed, color, sex, sexual orientation (including transgender status), religion, age (40 years and older), national origin, or ancestry (CO Rev. Stat. Sec. 24-34-402(1)(a)). The Act specifically prohibits employers from asking about any of these characteristics in an application form unless based on a bona fide occupational qualification (BFOQ) (CO Rev. Stat. Sec. 24-34-402 (1)(d)). The Act covers all public and private employers, regardless of size (CO Rev. Stat. Sec. 24-34-401).
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Employers with 25 or more employees are prohibited from discharging or refusing to hire a person solely because the person is married to or plans to marry another employee of the employer unless one spouse would:
• Exercise supervisory, appointment or dismissal authority, or disciplinary action over the other spouse;
• Audit, verify, receive, or be entrusted with moneys received or handled by the other spouse; or
• Have access to the employer's confidential information, including payroll and personnel records (CO Rev. Stat. Sec. 24-34-402(h)).
The law also applies to parties in a civil union or those who plan to enter into a civil union.
Colorado law prohibits employers from asking an applicant about certain arrest and conviction records.
The BFOQ exception allows an employer to make an employment inquiry only where the inquiry 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. ...

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