Colorado Employment Legislation Pending in 2012

The 2012 session of the Colorado Legislature opened mid-January with a number of bills that could affect employers if they become law. The bills with the broadest potential application so far are the Equal Opportunity Act, the Colorado Civil Union Act, and an unnamed bill prohibiting discrimination on the basis of current unemployment.
 
The Equal Opportunity Act (SB12-003) would prohibit an employer’s use of consumer credit information for employment purposes unless such information is “substantially job-related.” The bill would create a private right of action against employers. The “Colorado Civil Union Act” (SB12-002) would permit two unmarried adults to form a “civil union” regardless of their gender. Parties to a civil union would generally have the same benefits, protections and responsibilities that apply to spouses including access to dependent coverage under life and health insurance policies (beginning with policies issued, delivered, or renewed on or after January 1, 2013), marital status discrimination protections, and workers’ compensation survivor benefits. The third bill (HB12-1134) would prohibit employers from publishing (in print or on the Internet) a job posting that contains any provision indicating that currently unemployed persons would not be considered. The bill would create a civil penalty for posting an ad in violation of the prohibition, but not a private right of action.
 
MSEC will monitor the progress of these and other bills and inform our Colorado members of the outcome.