C.R.S. Section 8-2-127
Prohibitions of employer

  • requiring access to personal electronic communication devices
  • definitions
  • rules

(1)

As used in this section:

(a)

“Applicant” means an applicant for employment.

(b)

“Electronic communications device” means a device that uses electronic signals to create, transmit, and receive information, including computers, telephones, personal digital assistants, and other similar devices.

(c)

“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. “Employer” does not include the department of corrections, county corrections departments, or any state or local law enforcement agency.

(2)

Intentionally left blank —Ed.

(a)

An employer may not suggest, request, or require that an employee or applicant disclose, or cause an employee or applicant to disclose, any username, password, or other means for accessing the employee’s or applicant’s personal account or service through the employee’s or applicant’s personal electronic communications device. An employer shall not compel an employee or applicant to add anyone, including the employer or his or her agent, to the employee’s or applicant’s list of contacts associated with a social media account or require, request, suggest, or cause an employee or applicant to change privacy settings associated with a social networking account.

(b)

Paragraph (a) of this subsection (2) does not prohibit an employer from requiring an employee to disclose any username, password, or other means for accessing nonpersonal accounts or services that provide access to the employer’s internal computer or information systems.

(3)

An employer shall not:

(a)

Discharge, discipline, or otherwise penalize or threaten to discharge, discipline, or otherwise penalize an employee for an employee’s refusal to disclose any information specified in paragraph (a) of subsection (2) of this section or refusal to add the employer to the list of the employee’s contacts or to change the privacy settings associated with a social media account; or

(b)

Fail or refuse to hire an applicant because the applicant refuses to disclose any information specified in paragraph (a) of subsection (2) of this section or refuses to add the employer to the applicant’s list of contacts or to change the privacy settings associated with a social media account.

(4)

This section does not prevent an employer from:

(a)

Conducting an investigation to ensure compliance with applicable securities or financial law or regulatory requirements based on the receipt of information about the use of a personal website, internet website, web-based account, or similar account by an employee for business purposes; or

(b)

Investigating an employee’s electronic communications based on the receipt of information about the unauthorized downloading of an employer’s proprietary information or financial data to a personal website, internet website, web-based account, or similar account by an employee.

(5)

A person who is injured by a violation of this section may file a complaint with the department of labor and employment. The department shall investigate the complaint and issue findings thirty days after a hearing. The department may promulgate rules regarding penalties that include a fine of up to one thousand dollars for the first offense and a fine not to exceed five thousand dollars for each subsequent offense.

(6)

Nothing in this section prohibits an employer from enforcing existing personnel policies that do not conflict with this section.

(7)

Nothing in this section permits an employee to disclose information that is confidential under federal or state law or pursuant to a contract agreement between the employer and the employee.

Source: Section 8-2-127 — Prohibitions of employer - requiring access to personal electronic communication devices - definitions - rules, 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

§ 8-2-127’s source at colorado​.gov