C.R.S. Section 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)

Intentionally left blank —Ed.

(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: Section 8-2-130 — Criminal history - limits on advertisements and applications - exceptions - enforcement - rules - short title - 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

§ 8-2-130’s source at colorado​.gov