Understanding Colorado’s Job Application Fairness Act: A Resource for Colorado Employers on Handshake

As of July 1, 2024, Colorado has enacted the Job Application Fairness Act (JAFA), which brings changes to the hiring process, particularly for employers based in and residing in the state of Colorado who plan to hire.

This article offers guidance to help employers on Handshake navigate these changes, ensuring compliance while continuing to connect with potential candidates effectively.

Topics:

• Overview of the Job Application Fairness Act
• Impact on employers using Handshake

Overview of the Job Application Fairness Act

The Job Application Fairness Act prohibits employers from inquiring about a job applicant’s age during the hiring process.

Specifically, employers cannot ask about:

1. The applicant's age
2. Date of birth
3. Dates of attendance at or graduation from an educational institution

If application materials such as transcripts or graduation certificates are requested, employers must inform applicants of their right to redact any information that could reveal their age, date of birth, or dates of school attendance or graduation. These restrictions are in place only at the time of an initial employment application.

However, under certain conditions, JAFA allows employers to require verification of age for:

• Positions where age is a necessary qualification for public or occupational safety.
• Compliance with federal law or regulation.
• Compliance with state or local law or regulation based on a required occupational qualification.

In these instances, employers may ask if an applicant meets a minimum age requirement but cannot ask for specific dates that would disclose the applicant's age.

Impact on employers using Handshake

Handshake has reviewed its platform to ensure compliance with JAFA. Our platform does not collect information about a student’s age or date of birth. While employers can request graduation years or dates of attendance as part of job qualifications, collecting this information is optional and not a requirement when creating job postings.

Here’s how employers can ensure compliance with the law:

• Posting a Job: When creating a job posting, avoid requiring students to submit any age-related information such as school year or latest graduation information specifically within the Candidate qualifications section  — Instead, focus on skill-based qualifications relevant to the job. For more information on how to post a job in Handshake, refer to How to Post a Job.

• Compliance Responsibility: Employers are responsible for making sure their use of Handshake and other recruitment tools complies with JAFA and other applicable laws. We recommend consulting with a legal counsel for specific guidance.

The Job Application Fairness Act represents a shift in the hiring landscape in Colorado, emphasizing the importance of focusing on skills and qualifications rather than age. By following the guidance outlined in this article, employers on Handshake can ensure they remain compliant with JAFA while continuing to attract top talent.

For any additional questions or concerns, we encourage employers to consult with legal counsel to navigate this new legislation effectively.