POSTING, SCREENING, AND TRANSPARENCY RULES (“POST RULES”)

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DEPARTMENT OF LABOR AND EMPLOYMENT

Division of Labor Standards and Statistics

POSTING, SCREENING, AND TRANSPARENCY RULES (“POST Rules”)

7 CCR 1103-18

[Editor’s Notes follow the text of the rules at the end of this CCR Document.]

_________________________________________________________________________

Adopted May 3, 2024; effective July 1, 2024.

Rule 1. Statement of Purpose and Authority.

1.1

The general purpose of these Posting, Screening, and Transparency Rules (“POST Rules”) is to

exercise the authority of the Director, through the Division of Labor Standards and Statistics, to

administer and enforce the provisions of C.R.S. §§ 8-2-126, 8-2-127, 8-2-130, 8-2-131, and 8-5-

201 et seq. (2024). These rules are adopted pursuant to the Division’s authority in C.R.S. §§ 8-1-

107(2)(p), 8-1-103(3), 8-1-111, 8-2-126, 8-2-127, 8-2-130(5)(e), 8-2-131(5)(f), 8-5-103, and 8-5-

203. These rules are intended to be consistent with the rulemaking requirements of the State

Administrative Procedure Act, C.R.S. § 24-4-103. Unless otherwise noted, in these Rules: all

statutes cited apply the most recent 2023 versions of the Colorado Revised Statutes; all rules

cited apply the most recent versions adopted as of the adoption of these Rules.

1.2

These POST Rules replace the Employment Opportunity Act Rules (7 CCR 1103-4), the Social

Media and the Workplace Law Rules (7 CCR 1103-5), the Colorado Chance To Compete Act

Rules (7 CCR 1103-9), and the Equal Pay Transparency Rules (“EPT Rules”) (7 CCR 1103-13).

1.3

The Director of the Division of Labor Standards and Statistics in the Department of Labor and

Employment has the authority to enforce, interpret, apply, and administer the statutes cited in

Rule 1.1 above and these rules.

1.4

Incorporation by reference. The Employment Opportunity Act, C.R.S. §§ 8-2-126; the Social

Media and the Workplace Law, C.R.S. § 8-2-127; the Colorado Chance to Compete Act, C.R.S. §

8-2-130; the Job Application Fairness Act, C.R.S. § 8-2-131; and the Equal Pay for Equal Work

Act, C.R.S. § 8-5-101 et seq

rce, interpret, apply, and administer the statutes cited in

Rule 1.1 above and these rules.

1.4

Incorporation by reference. The Employment Opportunity Act, C.R.S. §§ 8-2-126; the Social

Media and the Workplace Law, C.R.S. § 8-2-127; the Colorado Chance to Compete Act, C.R.S. §

8-2-130; the Job Application Fairness Act, C.R.S. § 8-2-131; and the Equal Pay for Equal Work

Act, C.R.S. § 8-5-101 et seq. (2024) (together referred to as the “POST Acts”) are hereby

incorporated by reference into this rule. Such incorporation excludes later amendments to or

editions of these statutes. These statutes are available for public inspection at the Colorado

Department of Labor and Employment, 633 17th Street, Denver CO 80202. Copies may be

obtained from the Department of Labor and Employment at a reasonable charge. Pursuant to

C.R.S. § 24-4-103(12.5)(b), the agency shall provide certified copies of them at cost upon request

or shall provide the requestor with information on how to obtain a certified copy of the material

incorporated by reference from the agency originally issuing the statutes. All Division rules are

available to the public at www.coloradolaborlaw.gov. Where these rules have provisions different

from or contrary to any incorporated or referenced material, the provisions of these rules govern

so long as they are consistent with Colorado statutory and constitutional provisions. Where these

rules reference another rule, the reference shall be deemed to include all subparts of the

referenced rule.

1.5

Severability. If any part (including any section, sentence, clause, phrase, word, or number) is held

invalid, (A) the remainder of the Rule remains valid, and (B) if the provision is held not wholly

invalid, but merely in need of narrowing, the provision should be retained in narrowed form.

Code of Colorado Regulations

Secretary of State

State of Colorado

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tion, sentence, clause, phrase, word, or number) is held

invalid, (A) the remainder of the Rule remains valid, and (B) if the provision is held not wholly

invalid, but merely in need of narrowing, the provision should be retained in narrowed form.

Code of Colorado Regulations

Secretary of State

State of Colorado

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1.6

Deadlines. Deadlines in these Rules may be extended for good cause. In considering whether

good cause exists, the Division will determine whether the reason is substantial and reasonable,

and must take into account all available information and circumstances pertaining to the specific

Complaint.

Rule 2. Definitions.

2.1

“Adverse action” means termination, discipline, failure to hire or promote, lower compensation, or

other action that may deter activity protected by any of the POST Acts.

2.2

“Aggrieved by” means a possible or perceived violation witnessed by, suffered by, or injured by.

2.3

“Career development” means “a change to an employee’s terms of compensation, benefits, full-

time or part-time status, duties, or access to further advancement in order to update the

employee’s job title or compensate the employee to reflect work performed or contributions

already made by the employee[,]” C.R.S. § 8-5-101(1.3), which means that such existing work or

contributions:

(A)

were part of the employee’s existing job; and

(B)

were not within a position with a current or anticipated “vacancy” as defined in C.R.S. § 8-

5-101(8.5) and these Rules.

2.4

“Career progression” means “a regular or automatic movement from one position to another

based on time in a specific role or other objective metrics.” C.R.S. § 8-5-101(1.5).

2.5

“Complaint” or “Claim” interchangeably mean a Complaint or Claim alleging a violation of one of

the POST Acts. “Complainant” means a person with a Complaint or Claim

s defined in C.R.S. § 8-

5-101(8.5) and these Rules.

2.4

“Career progression” means “a regular or automatic movement from one position to another

based on time in a specific role or other objective metrics.” C.R.S. § 8-5-101(1.5).

2.5

“Complaint” or “Claim” interchangeably mean a Complaint or Claim alleging a violation of one of

the POST Acts. “Complainant” means a person with a Complaint or Claim.

2.6

“Consumer credit information” means a written, oral, or other communication of information

bearing on a consumer’s creditworthiness, credit standing, credit capacity, or credit history.

“Consumer credit information” includes a credit score but does not include the address, name, or

date of birth of an employee associated with a social security number. “Consumer credit

information” does not include income or work history verification.

2.7

“Credit score” means an attempted numerical quantification of a person’s creditworthiness or

credit history.

2.8

“Division” means the Division of Labor Standards and Statistics within the Department of Labor

and Employment.

2.9

“Electronic communications device” means a device that uses electronic signals to create,

transmit, and receive information, including computers, telephones, personal digital assistants,

and other similar devices.

2.10

“Employee” has the meaning provided in C.R.S. § 8-4-101(5), and includes every person who

may be permitted, required, or directed by any employer in consideration of direct or indirect gain

or profit, to engage in any employment, and includes an applicant for employment.

2.11

“Employer” has the meaning provided in C.R.S. § 8-4-101(6), except where a different meaning is

otherwise required by statute, including:

(A)

Under the Employment Opportunity Act, “employer” has the meaning provided by C.R.S.

§ 8-2-126(2)(e);

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gage in any employment, and includes an applicant for employment.

2.11

“Employer” has the meaning provided in C.R.S. § 8-4-101(6), except where a different meaning is

otherwise required by statute, including:

(A)

Under the Employment Opportunity Act, “employer” has the meaning provided by C.R.S.

§ 8-2-126(2)(e);

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(B)

Under the Social Media and the Workplace Law, “employer” has the meaning provided by

C.R.S. § 8-2-127(1)(c);

(C)

Under the Colorado Chance to Compete Act, “employer” has the meaning provided by

C.R.S. § 8-2-130(2)(c);

(D)

Under the Job Application Fairness Act, “employer” has the meaning provided by C.R.S.

§ 8-2-131(2)(b); and

(E)

Under the Equal Pay for Equal Work Act, “employer” has the meaning provided by C.R.S.

§ 8-5-101(5).

2.12

“Employment purposes” means evaluating a person for employment, hiring, promotion, demotion,

reassignment, adjustment in compensation level, or retention as an employee.

2.13

“Initial employment application” or “initial written or electronic application form” includes all items

the employer requires in order for an applicant to submit complete application materials for a

position.

2.14

A “job opportunity” means “a current or anticipated vacancy for which the employer is considering

a candidate or candidates or interviewing a candidate or candidates or that the employer

externally posts.” C.R.S. § 8-5-101(5.5)(a). A job opportunity “does not include career

development or career progression.” C.R.S. § 8-5-101(5.5)(b).

2.15

A “posting” and a “notice” of a job opportunity are interchangeable terms in these Rules; any

“posting” qualifies as a “notice,” and any “notice” qualifies as a “posting.” A “notification of … [a]

job opportunity” (interchangeably termed a “job opportunity notice”) that must include

compensation and benefits includes both a notice to current employees required by C.R.S. § 8-5-

201(1) and a posting an employer “externally posts” to others outside the employer. C.R.S

erms in these Rules; any

“posting” qualifies as a “notice,” and any “notice” qualifies as a “posting.” A “notification of … [a]

job opportunity” (interchangeably termed a “job opportunity notice”) that must include

compensation and benefits includes both a notice to current employees required by C.R.S. § 8-5-

201(1) and a posting an employer “externally posts” to others outside the employer. C.R.S. § 8-5-

101(5.5)(a).

2.16

“POST Acts” refer to the Employment Opportunity Act, C.R.S. § 8-2-126; the Social Media and

the Workplace Law, § 8-2-127; the Colorado Chance to Compete Act, § 8-2-130; the Job

Application Fairness Act, § 8-2-131; and the Equal Pay for Equal Work Act, § 8-5-201 et seq.

2.17

“Prevailing party” means a claimant or employer who successfully achieves a favorable outcome.

2.18

“Substantially related to the employee’s current or potential job” means the information contained

in a credit report is related to the position for which the employee who is the subject of the report

is being evaluated because the position:

2.18.1 Constitutes executive or management personnel or officers or employees who constitute

professional staff to executive and management personnel, and the position involves one

or more of the following —

(A)

Setting the direction or control of a business, division, unit, or an agency of a

business,

(B)

A fiduciary responsibility to the employer,

(C)

Access to customers’, employees’, or the employer’s personal or financial

information other than information customarily provided in a retail transaction, or

(D)

The authority to issue payments, collect debts, or enter into contracts;

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r an agency of a

business,

(B)

A fiduciary responsibility to the employer,

(C)

Access to customers’, employees’, or the employer’s personal or financial

information other than information customarily provided in a retail transaction, or

(D)

The authority to issue payments, collect debts, or enter into contracts;

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2.18.2 Involves contracts with defense, intelligence, national security, or space agencies of the

federal government; or

2.18.3 Is with a bank or financial institution.

2.19

A “vacancy” means “an open position, whether as a result of a newly created position or a

vacated position.” C.R.S. § 8-5-101(8.5).

2.20

Any other definitions set forth in the POST Acts are hereby incorporated by reference, except

where terms are defined differently in these Rules.

Rule 3. Complaints.

3.1

A person who is aggrieved by a violation of the POST Acts, or a representative of an aggrieved

person, may file a complaint with the Division.

3.2

The Division will not accept complaints of violations of the Colorado Chance to Compete Act,

C.R.S. § 8-2-130, or the Job Application Fairness Act, C.R.S. § 8-2-131, that occurred more than

12 months prior to the date of the complaint, and will not accept complaints of violations of the

Equal Pay for Equal Work Act, Part II, C.R.S. § 8-5-201, that occurred before January 1, 2021.

3.3

Complaints shall be filed using a Division-approved form. A complaint or appeal is considered

“filed” with the Division when it is received by the Division via mail, fax, email, online submission,

or personal delivery. Any Complaint, appeal, or termination received after 11:59pm Mountain

Time is considered filed the next business day. If a complaint is filed without using a Division-

approved form, the date the complaint is received will be the date of the complaint, then the

complainant will have 14 days to submit a Division-approved form to avoid dismissal of the

complaint without prejudice

personal delivery. Any Complaint, appeal, or termination received after 11:59pm Mountain

Time is considered filed the next business day. If a complaint is filed without using a Division-

approved form, the date the complaint is received will be the date of the complaint, then the

complainant will have 14 days to submit a Division-approved form to avoid dismissal of the

complaint without prejudice. The 14 days runs from the date the Division requests completion of

the Division-approved form, unless the deadline is extended by the Division.

3.4

The complaint shall include the complainant’s signature, contact information, and basis for the

complaint. Failure to include this information on the complaint form may result in administrative

dismissal of the complaint. Any such submission is considered “signed,” or to have a “signature,”

if it has either an ink signature, a scanned signature, an electronically drawn or generated

signature, or a typed name entered by the party or their authorized representative in the signature

area; by signing in any such fashion, the individual is deemed to have agreed and assented that

the document is signed by them.

3.5

The complaint shall include a short and plain statement of its grounds. A complaint concerning an

employment application should also include or attach whichever the complainant is able to

provide among the following: a link to, copy of, screen capture of, or other image of the

application. The employer must explain which, if any, allegations it disputes. Any evidence

probative of a relevant issue may be submitted or considered. The Division will cease

investigating a complaint that, upon review, fails to raise a reasonable inference of a violation of

any of the POST Acts.

3.6

Anonymous complaints will be accepted, but will not be investigated using the Division’s

administrative procedure, do not trigger any notice or participation rights for the Complainant, and

will be investigated only at the discretion of the Division

The Division will cease

investigating a complaint that, upon review, fails to raise a reasonable inference of a violation of

any of the POST Acts.

3.6

Anonymous complaints will be accepted, but will not be investigated using the Division’s

administrative procedure, do not trigger any notice or participation rights for the Complainant, and

will be investigated only at the discretion of the Division.

3.6.1

Anonymous complaints submitted on the Division’s complaint form are considered tips or

leads, and will be handled accordingly.

3.7

A complainant may withdraw a complaint at any time before the issuance of a determination by

notifying the Division in writing.

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3.8

A complainant shall respond in a timely manner to informational or investigatory requests by the

Division. Failure to comply with this Rule may result in dismissal of the complaint. If a complaint is

dismissed before a Notice of Complaint is sent to the employer due to failure to respond to a

Division request for information, the complaint may be reopened if the complainant provides the

requested information or documentation to the Division within 35 days of the request. A

complainant may be required to file a new complaint if the response is received more than 35

days after the request.

Rule 4. Investigations.

4.1

The Division will investigate complaints that provide sufficient evidence from which a violation of

one or more of the POST Acts may be reasonably inferred (subject to Rule 3.6 as to anonymous

complaints), as provided for wage complaints in the Wage Protection Rules (“WPR”), 7 CCR

1103-7, Rules 4.1 and 4.2.1

the response is received more than 35

days after the request.

Rule 4. Investigations.

4.1

The Division will investigate complaints that provide sufficient evidence from which a violation of

one or more of the POST Acts may be reasonably inferred (subject to Rule 3.6 as to anonymous

complaints), as provided for wage complaints in the Wage Protection Rules (“WPR”), 7 CCR

1103-7, Rules 4.1 and 4.2.1.

4.2

WPR 4.1, and 4.3–4.8, regarding investigation procedures and protections, are incorporated by

reference, except that as incorporated:

(A)

All references to a “wage claim” or “wage complaint” shall include a claim or complaint

alleging a violation of a POST Act;

(B)

All references to “wage,” “wage and hour,” or “labor” law, rights, responsibilities,

investigations or proceedings shall include labor rights or responsibilities within these

Rules;

(C)

All references to “HFWA” shall include other labor rights or responsibilities within these

Rules; and

(D)

in WPR Rule 4.4.3 “C.R.S. § 8-4-113(1)(b)” is replaced with “C.R.S. §§ 8-4-113(1)(b) and

8-1-140(2).”

4.3

After receipt of a qualifying complaint, the Division will initiate the investigation by notifying the

employer with a Notice of Complaint, along with any relevant supporting documentation the

Complainant submitted, via U.S. mail, electronic means, or personal delivery. The employer must

respond within 14 days after a complaint is sent, unless the Division grants an extension.

4.4

The Division may exercise its discretion to have an investigation sequenced and/or divided into

two or more stages on discrete questions of liability or relief (e.g., bifurcation), yielding two or

more determinations and/or phases of the investigation.

Rule 5. Determinations and Remedies.

5.1

After investigating the complaint and assessing the employer’s compliance, the Division

investigator will issue a determination in writing.

5.1.1

The determination will be provided to the employer and complainant in writing via U.S.

postal mail, electronic means or personal delivery

n), yielding two or

more determinations and/or phases of the investigation.

Rule 5. Determinations and Remedies.

5.1

After investigating the complaint and assessing the employer’s compliance, the Division

investigator will issue a determination in writing.

5.1.1

The determination will be provided to the employer and complainant in writing via U.S.

postal mail, electronic means or personal delivery.

5.1.2

The determination will contain information on the extent of the employer’s compliance

with the law, and will describe:

(A)

what provisions of the law were adhered to and/or violated; and

(B)

if a violation of a POST Act has occurred, steps the employer must take to cure

the violation.

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5.1.3

Determinations by the Division may include the following remedies, depending on which,

if any, the Division’s findings support:

(A)

order(s) to cease non-compliance and/or effectuate compliance, as authorized by

the POST Acts and statutes on Division investigative and enforcement authority

in C.R.S. Title 8, Article 1; and

(B)

fines pursuant to C.R.S. § 8-1-140(2) and/or the relevant POST Act.

5.1.4

The determination will contain information on appeal rights and appeal procedures.

5.1.5

The date of issuance of the Division’s determination is the date the Division’s

determination is sent. Both the termination and appeal deadlines are calculated from the

date the Division’s determination is originally issued and sent to the parties.

5.1.6

A certified copy of any citation, notice of assessment, or order imposing relief or remedies

may be filed with the clerk of any court having jurisdiction over the parties at any time

after the entry of the order. Such a filing can be in a county or district court, and will

thereby have the effect of a judgment from which execution may issue

ation is originally issued and sent to the parties.

5.1.6

A certified copy of any citation, notice of assessment, or order imposing relief or remedies

may be filed with the clerk of any court having jurisdiction over the parties at any time

after the entry of the order. Such a filing can be in a county or district court, and will

thereby have the effect of a judgment from which execution may issue.

5.2

Each distinct violative job posting constitutes a separate violation for purposes of remedies,

regardless of whether each posting references the same external publication or site with the

violative content. Each instance of an individual responding to a job posting does not constitute a

separate violation for purposes of remedies.

Rule 6. Recordkeeping Requirements.

6.1

If any application, instruction, or advisement (written or electronic) for an employment position

includes any question, inquiry, or request as to any aspect of a “criminal history” (as defined by

C.R.S. § 8-2-130), or concerning the applicant’s age, date of birth, or dates of attendance at or

date of graduation from an educational institution, then the employer shall maintain copies of all

such documents for two years after such material was made available, or throughout an

investigation under these rules, whichever is longer.

6.2

Where a claim, complaint, or investigation for violation of Part 2 of the Equal Pay for Equal Work

Act, C.R.S. §§ 8-5-201 or 8-5-202, has been filed or commenced, the employer shall preserve all

relevant documents throughout the duration and until the expiration of the statutory period within

which a person aggrieved may bring a civil action.

Rule 7. Appeals.

7.1

The determination issued by the investigator may be appealed to the Division.

7.2

A party to the claim who appeals the determination is entitled to an appeal hearing and final

agency decision in conformity with the Colorado Administrative Procedure Act, C.R.S. § 24-4-

105

and until the expiration of the statutory period within

which a person aggrieved may bring a civil action.

Rule 7. Appeals.

7.1

The determination issued by the investigator may be appealed to the Division.

7.2

A party to the claim who appeals the determination is entitled to an appeal hearing and final

agency decision in conformity with the Colorado Administrative Procedure Act, C.R.S. § 24-4-

105.

7.3

A Division hearing officer will preside over the hearing and issue an initial decision.

7.4

Any party to the claim may appeal the initial decision by filing written exceptions with the Division

director within 30 calendar days of the initial decision under C.R.S. § 24-4-105(14)(a)(II).

7.4.1

Written exceptions shall be filed in conformity with instructions stated in the decision or

order to which exceptions are being filed, as well as instructions posted on the Division

website.

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7.4.2

If no party files written exceptions with the director of the Division within 30 calendar days

of the initial decision, the initial decision shall become the final agency decision.

7.5

The record on appeal to the director is the Division’s record of its investigation unless the

appealing party files a designation of the record with the division within 20 calendar days of the

initial decision in accordance with C.R.S. § 24-4-105(15)(a).

7.6

The director’s decision, after review of any exceptions, is the final agency decision. Any party to

the claim may seek judicial review of this decision in accordance with C.R.S. § 24-4-106.

7.7

Failure to file exceptions in accordance with Rule 7.4 shall result in a waiver of the right to judicial

review of the final agency decision in accordance with C.R.S. § 24-4-105(14)(c).

Rule 8. Rules as to the Employment Opportunity Act.

8.1

Nothing in the Employment Opportunity Act or these rules imposes any liability on a person,

including a consumer reporting agency, as that term is defined in C.R.S

re to file exceptions in accordance with Rule 7.4 shall result in a waiver of the right to judicial

review of the final agency decision in accordance with C.R.S. § 24-4-105(14)(c).

Rule 8. Rules as to the Employment Opportunity Act.

8.1

Nothing in the Employment Opportunity Act or these rules imposes any liability on a person,

including a consumer reporting agency, as that term is defined in C.R.S. § 12-14.3-102(4), for

providing an employer with consumer credit information.

Rule 9. Rules as to the Social Media and the Workplace Law.

9.1

An employer may access information about employees that is publicly available online.

Rule 10.

Rules as to the Colorado Chance to Compete Act.

10.1

An employer may obtain publicly available criminal background reports at any time.

Rule 11.

Rules as to the Equal Pay for Equal Work Act.

11.1

Job opportunity notices. Notices of job opportunities, including both those an employer “externally

posts” (C.R.S. § 8-5-101(5.5)(a)) and those to notify current employees (C.R.S. § 8-5-201(1)),

must include information on compensation, benefits, and application processes, as specified in

Rules 11.1.1–3. Employers must make reasonable efforts to notify current employees, as

specified in Rule 11.1.4.

11.1.1 Contents. Employers must include the following information in each posting (C.R.S. § 8-

5-201(2)):

(A)

the hourly rate or salary compensation (or a range thereof) that the employer is

offering for the position (subject to Rule 11.1.2);

(B)

a general description of any bonuses, commissions, or other forms of

compensation that are being offered for the job;

(C)

a general description of all employment benefits the employer is offering for the

position, including health care benefits, retirement benefits, any benefits

permitting paid days off (including sick leave, parental leave, and paid time off or

vacation benefits), and any other benefits that must be reported for federal tax

purposes, but not benefits in the form of minor perks;

(D)

the application deadline (subject to Rule 11.1.3); and

(E)

enefits the employer is offering for the

position, including health care benefits, retirement benefits, any benefits

permitting paid days off (including sick leave, parental leave, and paid time off or

vacation benefits), and any other benefits that must be reported for federal tax

purposes, but not benefits in the form of minor perks;

(D)

the application deadline (subject to Rule 11.1.3); and

(E)

how to apply for the job opportunity.

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11.1.2 Pay ranges. A posted compensation range may extend from the lowest to the highest pay

the employer in good faith believes it might pay for the particular job, depending on the

circumstances. An employer may ultimately pay more or less than the posted range, if

the posted range was the employer’s good-faith and reasonable estimate of the range of

possible compensation at the time of the posting.

11.1.3 Deadlines. Postings must include the deadline to apply, but:

(A)

if there is no deadline because the employer accepts applications on an ongoing

basis, the posting must say so, and a deadline need not be included; and

(B)

a deadline may be extended as long as (1) the original deadline was a good-faith

expectation or estimate of what the deadline would be, and (2) the posting is

promptly updated when the deadline is extended.

11.1.4 Duties to notify employees. An employer is required to make “reasonable efforts” to

“announce, post or otherwise make known each job opportunity to all employees on the

same calendar day and prior to the date on which the employer makes a selection

decision[.]” C.R.S. § 8-5-201(1).

(A)

Exceptions and limitations on the duty to provide job opportunity notices:

(1)

Career developments and career progressions are not “job opportunities”

and therefore do not require job opportunity notices.

ce, post or otherwise make known each job opportunity to all employees on the

same calendar day and prior to the date on which the employer makes a selection

decision[.]” C.R.S. § 8-5-201(1).

(A)

Exceptions and limitations on the duty to provide job opportunity notices:

(1)

Career developments and career progressions are not “job opportunities”

and therefore do not require job opportunity notices.

(2)

Confidentiality. A job opportunity need not be posted to all employees if

the employer has a compelling need to keep a particular opening

confidential because the position is still held by an incumbent employee

who, for reasons other than avoiding job posting requirements, the

employer has not yet made aware they will be separated. If any

employees are told of the opportunity, all employees must be told who

either (a) meet the minimum qualifications or (b) have a job “substantially

similar” (within the meaning of C.R.S. § 8-5-102 in the Equal Pay for

Equal Work Act) to any employees being told of the opportunity. If the

need for confidentiality ends before any deadline to apply for the job, the

employer must then promptly comply with applicable posting

requirements in the Act.

(3)

Automatic promotion after trial period. No job opportunity posting to other

employees is required for a promotion within one year of an employee

being hired with a written representation (whether in an offer letter; in an

agreement; or in a policy the employer publishes to employees) that the

employer will automatically consider the employee for promotion to a

specific position within one year based solely on their own performance

and/or employer needs.

(4)

Acting, interim, or temporary (“AINT”) hires. No immediate job

opportunity posting is required to fill a position on an AINT basis for up to

nine months where:

agreement; or in a policy the employer publishes to employees) that the

employer will automatically consider the employee for promotion to a

specific position within one year based solely on their own performance

and/or employer needs.

(4)

Acting, interim, or temporary (“AINT”) hires. No immediate job

opportunity posting is required to fill a position on an AINT basis for up to

nine months where:

(a)

the AINT hiring is not expected to be permanent, and if the hire

may become permanent, the required job opportunity posting

must be made in time for employees to apply for the permanent

position; and

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(b)

the same or a substantially similar position was not held anytime

in 7 or more of the preceding 12 months by another AINT hire for

which there was no job opportunity posting, except that if an

AINT hire separates after more than 7 months, from a position

expected to last up to 9 months, then a posting is not required for

a replacement to finish their term.

(5)

If an employer is only physically located outside of Colorado and has

fewer than 15 employees working in Colorado, all of whom work only

remotely, then, through July 1, 2029, the employer is only required to

provide notice of remote job opportunities.

(B)

Methods. An employer makes “reasonable efforts” with any method(s) by which

all covered employees (1) can access within their regular workplace, either online

or in hard copy, and (2) are told where to find required postings or

announcements. If a particular method reaches some but not all employees,

such as an online posting not accessible to those lacking internet access, an

alternative method shall be used for such employees.

(C)

Qualifications

h any method(s) by which

all covered employees (1) can access within their regular workplace, either online

or in hard copy, and (2) are told where to find required postings or

announcements. If a particular method reaches some but not all employees,

such as an online posting not accessible to those lacking internet access, an

alternative method shall be used for such employees.

(C)

Qualifications. Employers must notify all employees of all job opportunities, and

may not limit notice to those employees it deems qualified for the position, but

may state that applications are open to only those with certain qualifications, and

may screen or reject candidates based on such qualifications.

11.2

Post-selection notice. After a candidate is selected for a job opportunity, employers must provide

information described in Rule 11.2.1, by the processes described in Rule 11.2.2, to employees

with whom the employer intends the selected candidate to regularly work.

11.2.1 Contents. Employers must include the following information:

(A)

the name of the candidate selected for the job opportunity;

(B)

the selected candidate’s former job title if selected while already employed by the

employer;

(C)

the selected candidate’s new job title; and

(D)

information on how employees may demonstrate interest in similar job

opportunities in the future, including identifying individuals or departments to

whom the employees can express interest in similar job opportunities.

11.2.2 Duties to notify employees. Within 30 calendar days after a candidate who is selected to

fill a job opportunity begins working in the position, employers must make “reasonable

efforts” (as defined in Rule 11.1.4(B)) to notify the employees with whom the employer

intends the selected candidate to work with regularly of the information in Rule 11.2.1

ess interest in similar job opportunities.

11.2.2 Duties to notify employees. Within 30 calendar days after a candidate who is selected to

fill a job opportunity begins working in the position, employers must make “reasonable

efforts” (as defined in Rule 11.1.4(B)) to notify the employees with whom the employer

intends the selected candidate to work with regularly of the information in Rule 11.2.1.

(A)

“Work with regularly” means employees who, as part of their job responsibilities,

either (1) collaborate or communicate about their work at least monthly, or (2)

have a reporting relationship (i.e., supervisor or supervisee). Employers may

comply by providing notice to a broader range of, or all, employees.

(B)

Employers may comply with this Rule by providing post-selection notice either (1)

of each individual selection, or (2) of multiple selections, as long as the notice is

provided no later than 30 days after any selection(s) in the notice.

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11.2.3 Non-disclosure rights.

(A)

An employer shall not disclose a selected candidate’s name and/or prior job title

if:

(1)

any applicable law (including an applicable, legally binding statute, rule,

or order) requires not disclosing either (or both) of those items; or

(2)

a selected candidate informs the employer (a) in writing, (b) on their own

initiative (but employers may inform candidates of non-disclosure rights

under this Rule), and (c) voluntarily (i.e., without pressure or coercion),

that they believe disclosure of either (or both) of those items would put

their health or safety at risk (but need not detail the health or safety risk).

(B)

An employer shall still provide all other required post-selection information, even

if under this rule it does not disclose a candidate’s name or prior job title.

11.3

Career progression notices

luntarily (i.e., without pressure or coercion),

that they believe disclosure of either (or both) of those items would put

their health or safety at risk (but need not detail the health or safety risk).

(B)

An employer shall still provide all other required post-selection information, even

if under this rule it does not disclose a candidate’s name or prior job title.

11.3

Career progression notices.

11.3.1 For positions with “career progression,” an employer shall disclose and make available to

all eligible employees (consistent with the methods for reasonable efforts in Rule

11.1.4(B)) the requirements for career progression, in addition to each position’s terms of

compensation, benefits, full-time or part-time status, duties, and access to further

advancement.

11.3.2 “Eligible employees” are those in the position that, when the requirements in the notice

are satisfied, would move from their position to another position listed in the notice as a

“career progression.”

Rule 12.

Rules as to the Job Application Fairness Act.

12.1

Initial Application Requirements.

12.1.1 An employer may request or require additional application materials, such as resumes,

CVs, transcripts, or certifications, during an initial employment application, provided that

the employer notifies the applicant that the applicant may redact or remove information

that identifies their age, date of birth, or dates of attendance at or graduation from an

educational institution

equirements.

12.1.1 An employer may request or require additional application materials, such as resumes,

CVs, transcripts, or certifications, during an initial employment application, provided that

the employer notifies the applicant that the applicant may redact or remove information

that identifies their age, date of birth, or dates of attendance at or graduation from an

educational institution.

12.1.2 Employers may request an individual to verify compliance with age requirements

imposed by law or regulation, or enrollment or membership in a program or organization

required for the position, so long as the individual is not required to disclose their “specific

age, date of birth, or dates of attendance at or date of graduation from an educational

institution on an initial employment application.” This includes that an employer may ask:

(A)

if an applicant is at least an age legally required to perform the job; or

(B)

whether an applicant is enrolled in a school or education program for a position

that requires such enrollment.

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12.2

Bona Fide Occupational Qualifications.

12.2.1 If an employer claims that it is or was required to verify compliance with age requirements

imposed pursuant to or required by a bona fide occupational qualification pertaining to

public or occupational safety, it must establish that the challenged practice does indeed

effectuate that goal and that there is no acceptable alternative which would better

advance it or equally advance it with less discriminatory impact

ims that it is or was required to verify compliance with age requirements

imposed pursuant to or required by a bona fide occupational qualification pertaining to

public or occupational safety, it must establish that the challenged practice does indeed

effectuate that goal and that there is no acceptable alternative which would better

advance it or equally advance it with less discriminatory impact.

12.2.2 If an employer claims that it is or was required to verify compliance with age requirements

imposed pursuant to or required by a federal, state, or local law or regulation based on a

bona fide occupational qualification, it must establish that the age limit imposed by the

law or requirement is reasonably necessary to the essence of the business, and either

that:

(A)

all or substantially all individuals excluded from the job involved are in fact

disqualified; or

(B)

some of the individuals so excluded possess a disqualifying trait that cannot be

ascertained except by reference to age.

12.2.3 Whether occupational qualifications will be deemed to be “bona fide” to a specific job will

be determined on the basis of all the pertinent facts surrounding each particular situation.

It is anticipated that inquiries based on a bona fide occupational qualification will be

limited in scope and application.

Rule 13.

Geographic Limits.

13.1

The compensation and benefits disclosure requirements (§ 8-5-201(2)) and the requirements of §

8-2-126, § 8-2-127, § 8-2-130, and § 8-2-131 do not apply to postings or applications (1) for jobs

to be performed entirely outside Colorado, or (2) physically located entirely outside Colorado.

13.2

Under the Equal Pay for Equal Work Act, the job opportunity notice, post-selection notice, and

career progression notice requirements (C.R.S. § 8-5-201(1), (3), and (4), respectively) do not

require notice to employees entirely outside Colorado.