What The Colorado Job Application Fairness Act (Senate Bill 58) Means For You

The Job Application Fairness Act “prohibits employers from inquiring about a prospective employee’s age, date of birth, and dates of attendance at or date of graduation from an educational institution on an employment application.” Age discrimination has become a prominent issue in the workplace and within the hiring process, with 53% of adults reporting that a prospective employer asked about their date of birth during an interview. An additional 47% of adults claimed they were asked by an interviewer to disclose their graduation date.

Are there any exceptions to the Job Application Fairness Act?

Yes, there are exceptions to the Job Application Fairness Act. An employer can request an employee or individual to confirm compliance with age requirements established by any of the following:

• A federal law or regulation
• A state or local law or regulation based on a bona fide occupational qualification
• A bona fide occupational qualification pertaining to public or occupational safety.

The Colorado Department of Labor and Employment enforces the requirements of the Fairness Act. The Department has the ability to issue warnings and impose civil penalties on any offenders of the Fairness Act.

How the Job Application Fairness Act can positively impact the economy of Colorado

Colorado ranks among the top states nationwide for the highest rates of labor force participation. When there is age discrimination, this limits the involvement of Colorado’s older population in the workforce, thus contributing to an economic decline. The Job Application Fairness Act would help to prevent this and actually help to increase the economy.

Can I sue if I was discriminated against for my age when applying for a job in Colorado?

Employment law is essential to protect the rights of employees and the various types of employment and workplace discrimination that can occur. Employers and employees must treat their workplace peers fairly, equally, and respectfully. Employees who find themselves being treated disrespectfully for any reason may be successful in filing an employment lawsuit and seeking compensation. 

Ageism within the workplace can raise severe legal issues for employers. While being the subject of ageism may be traumatizing for the victims, there are many statutes and regulations set in place within employment law to protect against such ageism discrimination. The Age in Discrimination Employment Act “prohibits discrimination on the basis of age in programs and activities receiving federal financial assistance.” The Act permits the use of certain age distinctions and factors other than age that fall within the Act’s requirements.

The Colorado Anti-Discrimination Act protects older employees and younger workers from experiencing age discrimination in the workplace. This statute is an effort to provide citizens of Colorado with equal employment opportunities, despite their age.

A Colorado Employment Law Lawyer can help you to understand your rights

Employment law attorneys represent employees and potential employees facing various levels of discrimination within the workplace. The Bachus & Schanker Colorado Employment Law Lawyers are incredibly caring and thorough when handling client matters. The Bachus & Schanker attorneys ensure that they are there every step of the way for their clients by taking care of issues including:

• Explaining to clients what rights they have in the matter
• Filing complaints and enforcement actions on behalf of clients
• Handling litigation matters
• Ensuring compliance with the law

Having an experienced lawyer can more likely guarantee that you are successful in your employment law claims. The age discrimination Colorado attorneys at Bachus & Schanker are capable of handling a myriad of employment law claims, including:

• Employment Contracts
• Harassment
• Wage and Hour Disputes
• Discrimination
• Retaliation
• Wrongful Termination

The Bachus & Schanker attorneys are willing to assist anyone with their age discrimination cases, regardless of an employee’s age. Whether you are over the age of 60 or are among the younger workers at your place of employment, these employment law attorneys believe age discrimination is immoral and are capable of handling any level of discrimination cases.

CTAs code example –

Sources

Job Application Fairness Act. (2023).
Choi-Allum, L. Age Discrimination Among Workers Age 50-Plus. (2022).

Age Discrimination.

Volin, A. Employment Discrimination. (2017).