C.R.S. Section 8-2-111.7
Employees working with persons with intellectual and developmental disabilities

  • immunity from civil liability
  • requirements
  • exception to blacklisting prohibition
  • legislative declaration
  • definitions

(1)

The general assembly hereby finds, determines, and declares that the intent and purpose of sections 8-2-110 and 8-2-111, which prohibit the maintenance or use of blacklists, is to protect employees from retribution and harassment in the pursuit of their lawful activities. The general assembly further finds, determines, and declares that these prohibitions against blacklisting have in some instances been abused and have been used as a shield by caregivers responsible for mistreatment, exploitation, neglect, or abuse of persons with developmental disabilities.

(2)

In response to a request by a current or prospective employer of a caregiver, it is neither unlawful nor a violation of the prohibitions against blacklisting specified in sections 8-2-110 and 8-2-111 for an employer, when acting in good faith, to disclose information known about any involvement in the mistreatment, exploitation, neglect, or abuse of persons with intellectual and developmental disabilities as prohibited by section 25.5-10-221, C.R.S., by a caregiver.
(3)(a)(I) An employer who provides information in accordance with subsection (2) of this section is immune from civil liability for providing the information or for any consequences that result from the disclosure of the information unless the caregiver shows by a preponderance of the evidence that the information is false and the employer providing the information knew or reasonably should have known that the information is false.

(II)

The provision of employment information in accordance with subsection (2) of this section does not constitute blacklisting under section 8-2-110 or 8-2-111, nor does it constitute an unfair labor practice in violation of article 3 of this title.

(b)

This subsection (3) applies to any employee, agent, or other representative of the responding employer who is authorized to provide and provides information to a current or prospective employer in accordance with subsection (2) of this section.

(4)

An employer or any officer, director, employee, or representative of the employer who discloses information under this section is presumed to be acting in good faith unless it is shown by a preponderance of the evidence that the facility, officer, director, employee, or representative of the employer intentionally or recklessly disclosed false information about the caregiver.

(5)

For the purposes of this section:

(a)

“Caregiver” means a person currently or formerly employed to work with a person with an intellectual and developmental disability or a person who provides host home services by contract as part of residential services and supports as described in section 25.5-10-206 (1)(e), C.R.S. “Caregiver” does not mean a person who is employed by or who has contracted to work with a school district.

(b)

“Person with an intellectual and developmental disability” has the same meaning as defined in section 25.5-10-202, C.R.S.

Source: Section 8-2-111.7 — Employees working with persons with intellectual and developmental disabilities - immunity from civil liability - requirements - exception to blacklisting prohibition - legislative declaration - definitions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-08.­pdf (accessed Oct. 20, 2023).

8‑2‑101
Combination of employees for peaceable objects lawful 8‑2‑102
Coercion of employees unlawful 8‑2‑103
Penalty for coercing employees 8‑2‑104
Obtaining workmen by misrepresentation unlawful 8‑2‑105
Penalty 8‑2‑106
Armed guards - when lawful 8‑2‑107
Workman engaged by false representations to recover damages 8‑2‑108
Unlawful for employer to prevent employees participating in politics 8‑2‑109
Rights of person charged with contempt 8‑2‑110
Unlawful to publish blacklist 8‑2‑111
Penalty for blacklisting 8‑2‑111.5
Certain employment references - exception to blacklisting prohibition 8‑2‑111.6
Health-care employers - immunity from civil liability - requirements - exception to blacklisting prohibition - legislative declaration 8‑2‑111.7
Employees working with persons with intellectual and developmental disabilities - immunity from civil liability - requirements - exception to blacklisting prohibition - legislative declaration - definitions 8‑2‑112
Unlawful to publish notice of boycott 8‑2‑113
Unlawful to intimidate worker - agreement not to compete - prohibition - exceptions - notice - definitions 8‑2‑114
Immunity from civil liability for employer disclosing information - employer shall not maintain blacklist - credit lists excepted 8‑2‑118
Cost of medical examination - employer and employee defined 8‑2‑119
Awards of back pay - deduction of unemployment compensation 8‑2‑120
Residency requirements prohibited for public employment - legislative declaration - definitions 8‑2‑122
Employment verification requirements - audits - fine for fraudulent documents - cash fund created - definitions 8‑2‑123
Health-care workers - retaliation prohibited - definitions 8‑2‑124
Electronic verification program - availability - notice to employers - definitions 8‑2‑125
Identification of workers engaged in off-site work - permissible forms of identification - exceptions - definitions 8‑2‑126
Employer use of consumer credit information - violation - short title - definitions 8‑2‑127
Prohibitions of employer - requiring access to personal electronic communication devices - definitions - rules 8‑2‑128
Prohibitions of employer - requiring social security number - exceptions 8‑2‑129
Access to personnel files and records - definitions - exemptions 8‑2‑130
Criminal history - limits on advertisements and applications - exceptions - enforcement - rules - short title - definitions 8‑2‑131
Age of job applicants - limits on applications - exceptions - enforcement - rules - short title - definitions 8‑2‑201
Damages - fellow servant rule abolished - limitation on admission of criminal history 8‑2‑202
Damages in case of death - limit 8‑2‑203
Who may sue - consolidation of actions 8‑2‑204
Limitation of actions - limit of damages 8‑2‑205
Assumption of risk abolished 8‑2‑206
Agricultural employers - agricultural employees - violations - penalties - definitions
Green check means up to date. Up to date

Current through Fall 2024

§ 8-2-111.7’s source at colorado​.gov