(1) Every employer shall, at least annually, upon the request of an employee, permit that employee to inspect and obtain a copy of any part of his or her own personnel file or files at the employer's office and at a time convenient to both the employer and the employee. A former employee may make one inspection of his or her personnel file after termination of employment. An employer may restrict the employee's or former employee's access to his or her files to be only in the presence of a person responsible for managing personnel data on behalf of the employer or another employee designated by the employer. The employer may require the employee or former employee to pay the reasonable cost of duplication of documents.
(2) As used in this section, unless the context otherwise requires:
(a) Employee does not include a person employed by an entity subject to the Colorado Open Records Act, part 2 of article 72 of title 24, C.R.S.
(b) Employer does not include any entity subject to the Colorado Open Records Act, part 2 of article 72 of title 24, C.R.S.
(c) Personnel file means the personnel records of an employee, in the manner maintained by the employer and using reasonable efforts by the employer to collect, that are used or have been used to determine the employee's qualifications for employment, promotion, additional compensation, or employment termination or other disciplinary action. Personnel file does not include documents or records required to be placed or maintained in a separate file from the regular personnel file by federal or state law or rule; documents or records pertaining to confidential reports from previous employers of the employee; or an active criminal investigation, an active disciplinary investigation by the employer, or an active investigation by a regulatory agency. Personnel file also does not include any information in a document or record that identifies any person who made a confidential accusation, as determined by the employer, against the employee who makes a request under subsection (1) of this section.
(3) Nothing in this section:
(a) Creates or authorizes a private cause of action by a person aggrieved by a violation of this section;
(b) Requires an employer to create, maintain, or retain a personnel file on an employee or former employee; or
(c) Requires an employer to retain any documents that are or were contained in an employee's or former employee's personnel file for any specified period of time.
(4) This section does not apply to a financial institution chartered and supervised under state or federal law, including without limitation:
(a) A bank;
(b) A trust company;
(c) A savings institution; and
(d) A credit union.
Source: L. 2016: Entire section added, (HB 16-1432), ch. 311, p. 1253, � 2, effective January 1, 2017.
Cross references: For the legislative declaration in HB 16-1432, see section 1 of chapter 311, Session Laws of Colorado 2016.
8-2-130. Criminal history - limits on advertisements and applications - exceptions - enforcement - rules - short title - definitions. (1) Short title. The short title of this section is the Colorado Chance to Compete Act.
(2) Definitions. As used in this section:
(a) Criminal history means the record of arrests, charges, pleas, or convictions for any misdemeanor or felony at the federal, state, or local level.
(b) Department means the department of labor and employment.
(c) (I) Employer means a person that regularly engages the services of individuals to perform services of any nature. Employer includes:
(A) An agent, representative, or designee of an employer; and
(B) An employment agency, as defined in section 24-34-401 (4).
(II) Employer does not include the state, a local government, or a quasi-governmental entity or political subdivision of the state.
(3) Criminal history information - limits on advertisements and applications - permissible uses. (a) On and after September 1, 2019, an employer with eleven or more employees, and on and after September 1, 2021, all employers, shall not:
(I) State in an advertisement for an employment position that a person with a criminal history may not apply for the position;
(II) State on any form of application, including electronic applications, for an employment position that a person with a criminal history may not apply for the position; or
(III) Inquire into, or require disclosure of, an applicant's criminal history on an initial written or electronic application form.
(b) An employer may obtain the publicly available criminal background report of an applicant at any time.
(4) Exceptions. This section does not apply to a position being offered or advertised if:
(a) Federal, state, or local law or regulation prohibits employing for that position a person with a specific criminal history;
(b) The position is designated by the employer to participate in a federal, state, or local government program to encourage the employment of people with criminal histories; or
(c) The employer is required by federal, state, or local law or regulation to conduct a criminal history record check for that position, regardless of whether the position is for an employee or an independent contractor.
(5) Enforcement - notice and records retention rules. (a) This section does not create or authorize a private cause of action by a person aggrieved by a violation of this section and does not create a protected class under section 24-34-402. The penalties set forth in this subsection (5) are the sole remedy for a violation of this section. The issuance of a warning, order, or penalty for a violation of this section is not evidence of a violation of part 4 of article 34 of title 24.
(b) A person who is aggrieved by a violation of this section may file a complaint with the department. If the department receives a complaint within twelve months after the act that is alleged to violate this section occurred, the department shall investigate the complaint unless the department determines that the complaint is without merit.
(c) An employer that violates this section is liable for one of the following penalties:
(I) For the first violation, a warning and an order requiring compliance within thirty days;
(II) For the second violation, an order requiring compliance within thirty days and a civil penalty not to exceed one thousand dollars; or
(III) For a third or subsequent violation, an order requiring compliance within thirty days and a civil penalty not to exceed two thousand five hundred dollars.
(d) An employer is not subject to penalties for a second or subsequent violation under subsection (5)(c) of this section unless the employer:
(I) Failed to comply with an order requiring compliance within thirty days after the date of the order; or
(II) Complied with an order requiring compliance within thirty days but then committed a violation of this section more than thirty days after the issuance of the order.
(e) The department shall adopt rules regarding procedures for handling complaints filed against employers alleging a violation of this section, including:
(I) Requirements for providing notice to an employer alleged to have violated this section; and
(II) Requirements for retaining and maintaining relevant employment records during a pending investigation.
Source: L. 2019: Entire section added, (HB 19-1025), ch. 284, p. 2647, � 2, effective August 2.
Cross references: For the legislative declaration in HB 19-1025, see section 1 of chapter 284, Session Laws of Colorado 2019.
8-2-131. Age of job applicants - limits on applications - exceptions - enforcement - rules - short title - definitions. (1) Short title. The short title of this section is the Job Application Fairness Act.
(2) Definitions. As used in this section:
(a) Department means the department of labor and employment.
(b) Employer means a person engaged in a business, industry, profession, trade, or other enterprise in the state or a unit of state or local government. Employer includes an agent, a representative, or a designee of the employer.
(3) Job applicant's age - limits on applications. (a) On and after July 1, 2024, an employer shall not request or require an individual to include the individual's age, date of birth, or dates of attendance at or date of graduation from an educational institution on an initial employment application.
(b) An employer may request or require an individual to provide additional application materials, including copies of certifications, transcripts, and other materials created by third parties, at the time of an initial employment application if the employer notifies the individual that the individual may redact information that identifies the individual's age, date of birth, or dates of attendance at or date of graduation from an educational institution.
(4) Verification permitted. (a) The employer may request an individual to verify compliance with age requirements imposed pursuant to or required by:
(I) A bona fide occupational qualification pertaining to public or occupational safety;
(II) A federal law or regulation; or
(III) A state or local law or regulation based on a bona fide occupational qualification.
(b) Verification requests made under this subsection (4) must not require disclosure of an individual's specific age, date of birth, or dates of attendance at or date of graduation from an educational institution on an initial employment application.
(5) Enforcement - notice and records retention rules. (a) This section does not create or authorize a private cause of action by a person aggrieved by a violation of this section. The penalties set forth in this subsection (5) are the sole remedy for a violation of this section. The issuance of a warning, order, or penalty for a violation of this section is not evidence of a violation of part 4 of article 34 of title 24.
(b) A person who is aggrieved by a violation of this section may file a complaint with the department. If the department receives a complaint within twelve months after the act that is alleged to violate this section occurred, the department shall investigate the complaint unless the department determines that the complaint is without merit.
(c) An employer that violates this section is liable for one of the following penalties:
(I) For the first violation, a warning and an order requiring compliance within fifteen business days;
(II) For the second violation, an order requiring compliance within fifteen business days and a civil penalty not to exceed one thousand dollars; or
(III) For a third or subsequent violation, an order requiring compliance within fifteen business days and a civil penalty not to exceed two thousand five hundred dollars.
(d) An employer is not subject to penalties for a second or subsequent violation under subsection (5)(c) of this section unless the employer:
(I) Failed to comply with an order requiring compliance within fifteen business days after the date of the order; or
(II) Complied with an order requiring compliance within fifteen business days but then committed a violation of this section more than fifteen business days after the issuance of the order.
(e) Each distinct job posting violating this section constitutes a separate violation under subsection (5)(c) of this section. Each instance of an individual responding to a job posting does not constitute a violation under subsection (5)(c) of this section.
(f) The department shall adopt rules regarding procedures for handling complaints filed against employers alleging a violation of this section, including:
(I) Requirements for providing notice to an employer alleged to have violated this section; and
(II) Requirements for retaining and maintaining relevant employment records during a pending investigation.
Source: L. 2023: Entire section added, (SB 23-058), ch. 323, p. 1946, � 1, effective August 7.
8-2-132. Prohibition on employers - living organ donation - retaliation - adverse action - civil action - penalty for violation - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Adverse action means:
(I) Demotion; reassignment to a lower-ranked position or to a position with a lower level of compensation; decrease in compensation level; denial of promotion; reduction in working conditions or perks, privileges, location, or status; or termination of employment; or
(II) Any other decision for employment purposes that adversely affects an employee that does not apply to other similarly situated employees or is applied differently to an employee who is a living organ donor.
(b) Employee means every person who may be permitted, required, or directed by any employer in consideration of direct or indirect gain or profit to engage in any employment.
(c) Employer means an individual or entity that:
(I) Transacts business in Colorado;
(II) At any time, employs another person to perform services of any nature; and
(III) Has control of the payment of wages or other compensation for such services or is the officer, agent, or employee of the person having control of the payment of wages or other compensation for such services.
(d) Living organ donor has the meaning set forth in section 25-59-103 (5).
(e) Organ donation recovery operation has the meaning set forth in section 25-59-103 (9).
(f) Prohibited period means:
(I) The thirty-day period before an employee's organ donation recovery operation, with respect to employee actions necessary for a successful organ donation recovery operation, as determined by a health-care provider performing or facilitating the organ donation recovery operation; and
(II) The ninety-day period after an employee has an organ donation recovery operation.
(2) An employer shall not intimidate, threaten, coerce, or in any manner discriminate or retaliate against or take any adverse action against an employee who is or becomes a living organ donor.
(3) Nothing in this section requires an employer to allow a living organ donor to take any unpaid leave that the living organ donor has not already accrued under the employer's existing policies applicable to similarly situated employees or that is not required under any other applicable law.
(4) There is a rebuttable presumption that an employer has engaged in an action described in subsection (2) of this section if the action is taken against an employee during the prohibited period. The employer must overcome the presumption by clear and convincing evidence that the prohibited act was taken for a lawful reason.
(5) (a) An employee who alleges a violation of this section may file a civil action in a court of competent jurisdiction against the employer alleged to have violated this section to seek legal and equitable relief as appropriate to remedy the violation, including:
(I) Back pay;
(II) Reinstatement of employment or, if reinstatement is not feasible, front pay;
(III) The payment of wages unlawfully withheld, including interest on those wages;
(IV) Monetary penalties;
(V) Fines;
(VI) Injunctive relief; and
(VII) Any other appropriate remedy.
(b) If the employee prevails in a civil action brought pursuant to this section, the court shall award the employee reasonable attorney fees and costs.
(c) Nothing in this section precludes an employee from asserting any other available statutory or common-law claims.
Source: L. 2024: Entire section added, (HB 24-1132), ch. 331, p. 2244, � 3, effective June 3.