Employment Opportunity Act (Credit History Law)

 

Effective July 1, 2013, the Colorado Employment Opportunity Act (§ 8-2-126, C.R.S.) prevents employers from requesting or using credit information (such as credit reports) in employment decisions for certain employees and job applicants in Colorado.

Under the law (§ 8-2-126, C.R.S.), employers may not request a prospective or current employee's credit report, or use consumer credit information for employment purposes, unless: (1) the credit information is "substantially related" to the employee’s current or potential job, or (2) the person being evaluated or the employer are exempt from the law.

The law applies to private and public Colorado employers who employ 4 or more employees. The law also covers prospective employers with 4 or more employees. The law does not apply to:

i)    State or local law enforcement agencies;
ii)    Employers of private domestic servants or farm and ranch labor;
iii)    Employers who employ less than four employees.

Please click on and review the materials linked below; it is essential that you review all of this information prior to filing a complaint.   

If you believe that the employer has violated the law, you may file a complaint by filling out the “Credit History Complaint” form. Please complete the form in its entirety.


Text of the Law
Fact Sheet
Frequently Asked Questions (FAQ)
Credit History Complaint Form 

  

Credit History Complaints

The Division only accepts complaints in writing or electronically. The Credit History Complaint Form must be filed by individuals (or their representative) who have been directly affected by the employer’s prohibited consumer credit practices. The individual must be the specific employee or applicant whose consumer credit information was involved. The Division does not accept anonymous complaints, or complaints from individuals not directly affected by the employer’s practices.

Credit History Complaint Form

 

Employment Opportunity Act Rules

Effective January 8, 2014, Emergency Rules for the Employment Opportunity Act were adopted. These Emergency Rules implement the provisions of § 8-2-126, C.R.S. These Emergency Rules apply to Colorado employers, employees, and applicants under § 8-2-126, C.R.S. These Emergency Rules will be in effect until May 7, 2014.

Emergency Employment Opportunity Act Rules
 

References

Colorado Employment Opportunity Act § 8-2-126, C.R.S.
Employer Definition § 8-1-101, C.R.S.
Colorado Non-Compete Law, § 8-2-113, C.R.S.

Websites

Complete Text of the Fair Credit Reporting Act
Federal Trade Commission
Educational Material on the Fair Credit Reporting Act