The Colorado legislature has been active throughout 2024 passing various laws impacting employers and their businesses. This article highlights a few significant changes, including a couple that took effect in June 2024. Understanding and preparing for these changes will assist in mitigating risk and strategic planning for the year ahead.  

Effective June 3, 2024: 

• It is an unlawful employment practice for any Colorado employer to discriminate or retaliate against employees who are or become organ donors. The law specifically focuses on the period extending 30 days before and 90 days after the employee is or becomes a living organ donor. 

• Existing law under Colorado’s CROWN Act was amended to prohibit discrimination based on hair length. 

Effective January 1, 2025: 

• Colorado joins 29 other states in prohibiting the use of hand-held mobile devices while driving. The new law expands existing bans on using cellphones beyond just texting to include holding or manually using a cellphone or other mobile device for voice calls or any other reason. Beginning January 1, 2025, drivers using a cellphone or mobile device while driving must use a hands-free accessory. Penalties start with a $75 fine and two license suspension points, with repeat offenders receiving even higher fines and more points.  

Effective July 1, 2025: 

• The Colorado Privacy Act will require employers to obtain consent from employees or prospective employees before collecting and processing their biometric data. Employers may require consent as a condition of employment to: 1) permit access to secure physical locations and secure electronic hardware and software applications; 2) record the beginning and end of an employer’s full work day, including meal breaks and rest breaks in excess of thirty minutes; 3) for workplace safety reasons based on an employee’s job description; and 4) based on a prospective employee’s reasonable background check, application, or identification requirements. 

• Under the state’s Job Application Fairness Act, employers will be prohibited from including age-related inquiries on initial job applications, including age, date of birth, and dates of attendance or dates of graduation from an educational institution. An employer may, however, require certifications and transcripts at the time of the initial application, so long as the employer notifies the individual that they may redact the prohibited identifying information.  

Employers also may require candidates to verify compliance with bona fide occupational qualifications relating to public or occupational safety and federal or state laws or regulations, provided they do not require disclosure of the specific age, date of birth, or other prohibited information. 

To effectively navigate these legal updates, consider the following: 

1. Update Policies and Procedures: Review and revise all company policies and procedures impacted by the new legal requirements set out above. For example, the company’s anti-harassment/discrimination policy should be updated to reflect new protections for hairstyles and donor activities. Likewise, the company’s driving policy should reflect new state requirements that all drivers use hands-free accessories.  
2. Training: Training sessions should be initiated for management and HR teams to ensure they are aware of the new changes. Each session should include instructions on how these changes should be communicated to all direct reports.   
3. Strategic Planning: If you haven’t already, consider developing a strategic plan for implementing annual changes in a timely and effective manner. Having a system in place will ensure a smooth transition with minimal disruption to business operations.