As of July 1, 2024, Colorado enacted the Job Application Fairness Act (JAFA), which restricts the collection of age-related data from job applicants.
This article offers guidance to help employers on Handshake remain compliant while continuing to connect with potential candidates.
What is the Job Application Fairness Act?
JAFA prohibits employers from inquiring about a job applicant's age during the hiring process. Specifically, employers cannot ask about:
- The applicant's age
- Date of birth
- Dates of attendance at or graduation from an educational institution
If application materials such as transcripts or graduation certificates are requested, 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 apply only at the time of an initial employment application.
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.
How does JAFA affect employers on Handshake?
Handshake 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 required when creating a job posting.
To ensure compliance with JAFA on Handshake:
- When posting a job: Avoid requiring students to submit age-related information such as school year or graduation date in the Candidate qualifications section. Focus on skill-based qualifications relevant to the job.
- Compliance responsibility: Employers are responsible for ensuring their use of Handshake and other recruitment tools complies with JAFA and other applicable laws. Consult with legal counsel for specific guidance.