Employee Privacy: Colorado

Federal law and guidance on this subject should be reviewed together with this section.

Authors: Stuart R. Buttrick and James R. Strickland, Faegre Drinker Biddle & Reath LLP

Summary

• Colorado law recognizes invasion of privacy claims. See Invasion of Privacy.
• An employee can be terminated for a positive drug test if consistent with the employer's policies. See Drug and Alcohol Testing.
• Colorado employers are generally prohibited from discharging employees for lawful activity outside the employer's premises during nonworking hours, subject to certain exceptions. See Off-Duty Conduct.
• Colorado law imposes restrictions on conducting medical screens of employees and job applicants. See Preemployment Screening and Postemployment Screening.
• Employers who regularly use documents with personal identifying information must develop proper document destruction policies. See Privacy and Security of Personnel Records and Information.
• Colorado has a law protecting the social media privacy rights of employees and applicants. Colorado places significant limitations on the use of credit checks for hiring and other employment purposes. See Credit Checks.
• Colorado law gives Colorado consumers privacy rights with respect to their personal data and establishes certain requirements and limitations for covered businesses that control or process personal data. See Colorado Privacy Act.
• Boulder has requirements pertaining to employee privacy. See Local Requirements.