Colorado Selection and Testing laws & HR compliance analysis

Colorado Selection and Testing: What you need to know

The Colorado Antidiscrimination Act prohibits employment discrimination based on disability (including human immunodeficiency virus (HIV) and acquired immunodeficiency syndrome (AIDS)), race, creed, color, sex, sexual orientation (including transgender status), religion, age (40 years and older), national origin, or ancestry, unless such factors constitute a bona fide occupational qualification (BFOQ), i.e., are required in order to perform the job in question. In addition, employers are prohibited from using any employment application, making any preemployment inquiry, or printing or circulating any job notice or advertisement that indicates a discriminatory limitation or specification, unless the limitation or specification constitutes a BFOQ. The Act covers all employers (CO Rev. Stat. Sec. 24-34-301 et seq.).
It is not unlawful discrimination based on disability if there is no reasonable accommodation the employer can make with regard to an individual’s disability, the disability actually disqualifies the individual from the job, and the disability has a significant impact on the job.
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Preemployment photographs. The Colorado Civil Rights Commission's Regulations on Employment prohibit employers from requiring preemployment photographs, unless such requirement is based on a BFOQ (3 CO Code Regs. 708-1, Rule 20.3).
Employers may generally conduct preemployment medical examinations after they have extended a conditional job offer to an applicant as long as all prospective employees are subjected to the same exam, regardless of disability, and the results of the exam are used only in accordance with the regulations (3 CO Code Regs. 708-1, Rule 60.2(B)(3)).

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