Colorado has passed SB 23-058, otherwise known as the Job Application Fairness Act (JAFA), which prevents employers from asking about an applicant’s age, birthdate, or the timeline of their education on initial job applications. However, an employer is permitted to verify age-related compliance for:
- A bona fide occupational qualification related to public or occupational safety;
- A federal law or regulation; or
- A state or local law or regulation that is based on a bona fide occupational qualification.
Employers are required to inform individuals that they have the option to remove any information that reveals their age, date of birth, or dates of attendance at or graduation from an educational institution.
This new act reinforces the existing requirements and regulations within Colorado’s hiring process, such as the Colorado Change to Compete Act’s limitations on job applicant criminal history inquiries. Together, these laws work to eliminate discrimination in Colorado’s hiring process.
JAFA will go into effect on July 1, 2024.
To access additional information about SB 23-058, we encourage you to review the full legislation text here.