Preemployment Screening and Testing: Colorado

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

Authors: Stuart R. Buttrick, Mary L. Will and Tareen Zafrullah, Faegre Drinker Biddle & Reath LLP

Summary

• Background checks may help employers avoid liability for negligent hiring in Colorado. However, there are limitations on the information an employer may seek and potential liability for privacy violations stemming from the information that an employer receives. See Background Checks.
• Applicants for certain positions in Colorado working with children and the elderly are required to undergo criminal background checks as a condition of employment. See Mandatory Background Checks.
• The Colorado Consumer Credit Reporting Act (CCCRA) is similar to the Fair Credit Reporting Act but contains important differences with respect to employment-related consumer reports. See Colorado Consumer Credit Reporting Act (CCCRA).
• Colorado restricts employers from conducting credit checks on job applicants or employees subject to limited exceptions. See Credit Checks.
• There is a mandatory E-Verify requirement for contractors with a state agency or political subdivision contract in Colorado. See Using E-Verify to Check Immigration Status.
• Drug and alcohol testing in Colorado may be affected by the state's lawful off-duty activities statute and by local ordinance. See Drug and Alcohol Testing.
• The Colorado Anti-Discrimination Act (CADA) is broader than the Americans with Disabilities Act (ADA) in governing preemployment medical exams since the state law covers almost all Colorado employers. See Medical Testing.
• Boulder has requirements pertaining to preemployment screening and testing. See Local Requirements.