Colorado Rights Blog

HB16-1388: Employer Hiring Criminal History Employee

Criminal Legal Reform
Bill Number: HB16-1388
Year: 2016
ACLU Position: Support
Sponsors: E. McCann / M. Merrifield / L. Guzman


The bill generally prohibits an employer from:
• Advertising that a person with a criminal history may not
apply for a position;
• Placing a statement in an employment application that a
person with a criminal history may not apply for a position;
• Making an inquiry about a candidate’s arrests or criminal
convictions until the candidate has been offered an
interview or a conditional offer of employment.
An employer is exempt from these restrictions when:
• The law forbids a person from being employed on account
of a criminal conviction or requires an employer to
consider a candidate’s criminal history for the job;
• The employer is participating in a program to encourage
employment of people with criminal histories; or
• The job requires a fidelity bond and the criminal history
would disqualify the candidate.
An employer must keep applications for 9 months. The department
of labor and employment will enforce the section with civil penalties. A
violation of the restrictions does not create a private cause of action.

Current Status:

Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely (05/04/2016)

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