Colorado Ban the Box will go into effect on September 1, 2019 so it’s a good time for Colorado employers to review employment policies and practices to ensure compliance with the new law. Monitoring compliance with this regulation will be the responsibility of the Colorado Department of Labor and violations can result in monetary penalties.
With an intent of removing job barriers for people with criminal histories, the new law states Colorado employers with eleven or more employees shall not:
- State in an advertisement for an employment position that a person with a criminal history may not apply for the position.
- State on any form of employment application that a person with a criminal history may not apply for the position
- Inquire into, or require disclosure of, an applicant’s criminal history on an initial written or electronic application
This law applies to an employer with eleven or more employees but as of September 1, 2021 it will apply to all Colorado employers. Exceptions to this law are positions offered or advertised where federal, state or local laws or regulations prohibit a person with a specific criminal record from holding the position or if the employer is required by federal, state or local law to conduct a criminal history check for the position. Another exception is if 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 history.