Applicant Age-Related Inquiries Prohibited
Beginning July 1, 2024, employers were prohibited from asking for an applicant’s age, birth date, or school attendance or graduation dates on an initial job application. These limitations don’t apply to applications for jobs that will be performed entirely outside of Colorado.
However, employers can ask applicants to verify their compliance with certain age requirements imposed by any of the following:
- A bona fide occupational qualification (BFOQ) related to public or occupational safety
- A federal law or regulation
- A state or local law or regulation based on a BFOQ
This means you can ask for a yes or no answer to a question like, “This job involves serving liquor and requires that you be at least 21 years old. Do you meet the age requirement?”
Additionally, employers can require that an applicant provide additional application materials (e.g., a resume) with their initial application, but only if they notify the applicant that they can redact information that identifies their age, birth date, or dates of schooling.
The Colorado Department of Labor and Employment has provided additional guidance on the law in INFO #9B.
Action Items
- Review your employment application and remove any questions prohibited by the law.
- Train those involved in the interview process not to ask questions that are likely to reveal the applicant’s age.
