On June 2, 2023, Colorado enacted the Job Application Fairness Act(JAFA), joining California, Connecticut, Minnesota, and Pennsylvania as states prohibiting employers from requesting age-related information during the hiring process. Starting on July 1, 2024, JAFA will bar Colorado employers from requesting or requiring that job applicants provide information related to "age, date of birth, or dates of attendance at or graduation from an educational institution" on initial employment applications.

Quick Hits

• Effective July 1, 2024, employers are barred from requesting applicants to provide age-related information, but are permitted to ask them to confirm whether they meet certain age restrictions.
• Penalties include warnings and compliance orders for a first violation, $1,000 for a second violation, and $2,500 for each third and subsequent violation.

While JAFA permits employers to require applicants to provide copies of certifications or transcripts "at the time of an initial employment application," they must notify applicants that they may redact information identifying age, date of birth, and/or dates of attendance at or graduation from an educational institution. JAFA also allows employers to request that applicants verify compliance with age requirements that are required by (1) "a bona fide occupational qualification pertaining to public or occupational safety," (2) "a federal law or regulation," or (3) "a state or local law or regulation based on a bona fide...

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