Ban the Box Update for Colorado

“Concerning the Timing of an Inquiry into a Job Applicant’s Criminal History, and, in Connection Therewith, Making an Appropriation,” better known as Colorado’s “Ban the Box” law, officially took effect last Friday, August 2, 2019. Remember that even though the law is officially in effect, employers have no obligations until September 1, 2019. On that date, the law imposes the following restrictions on employers with 11 or more employees, and on September 1, 2021, the restrictions will apply to all Colorado employers not excepted as government entities.

The new law will prevent employers from:

  • Stating in an advertisement for an open position that a person with a criminal history may not apply for the position;
  • Stating on applications in any form that a person with a criminal history may not apply for the position; or
  • Inquiring into (or requiring disclosure of) an applicant’s criminal history on an initial written or electronic application form.

The law will not apply to state or local government, or quasi-governmental entities. It also contains exceptions. For example, when a law or regulation prohibits employing someone with a specific criminal history, the obligations regarding advertising are relaxed.

For questions on this or any other law, or to access updated resources such as forms, contact Employers Council.