Colorado-Specific Employee Background Screening Best Practices
Employers in Colorado may conduct background investigations on candidates to validate their qualifications for employment. Employers must follow all applicable laws - federal, state, and local. When screening candidates, identity verification, criminal record checks, misdemeanor conviction records, or motor vehicle reports, or verifying employment, they follow all applicable statutes relating to screening candidates and verifying employment.
This Colorado Background Check Policy Guide will assist companies in understanding the process and protocol associated with pre-employment tests and how they should be conducted. Likewise, organizations must abide by all state, local, and federal regulations when screening candidates directly or enlisting consumer reporting agencies as consumer screening agents.
What is a Colorado Background Check?
Colorado employment background checks involve various screening techniques to gain insight into an applicant's past. Available screening types in Colorado:
- Criminal Background Screening - Available only in Colorado, this tool allows users to search criminal records at federal, state, and county levels.
- Checks of the Motor Vehicle Record (MVR) - Investigate candidate driving records and license status.
- License or Education Verification - To verify a candidate's academic qualifications, such as degrees or certifications.
- Employment Verification - To confirm prior employers, jobs held, length of service, and any breaks in employment.
- Pre-employment Drug Testing - Help maintain an efficient and safe work environment.
Most public records must be made available for public examination and consumption in accordance with the Colorado Open Records Act (CORA). The Colorado Bureau of Investigation holds state and county criminal records searches; consumers in Colorado may conduct background screening directly or via consumer reporting agencies like EBS-Colorado.
What is the Maximum Date Back That Colorado Allows for Background Screening?
Background screening processes vary significantly in Colorado depending on the type of investigation and whether you enlist professional assistance to conduct them, whether using an investigative firm, CRA, or running consumer reports yourself. Employers in Colorado who use an investigative firm must abide by federal Fair Credit Reporting Act limitations, which limit the frequency with which non-conviction data (arrest records, legal advice and judgments, and tax liens) is reported back, as non-conviction data reporting is limited to seven years under this regulation.
A CBI background inquiry might reveal a person's criminal past dating back seven years. Driving records for the previous seven years are kept by the Colorado Division of Motor Vehicles. In Colorado, additional restrictions govern how and when an employer can use information obtained during recruiting. Employers can verify qualifications, education, and employment history without a background check company.
Colorado Background Check Laws
Employers in Colorado should familiarize themselves with background check Colorado rules about recruiting processes. This may include criminal background checks as well as fair hiring practices. Check Colorado's employment background check laws before conducting hiring processes in this state.
Colorado Employment Opportunities Remain Unavailable
Colorado legislation restricts companies with over four prospective employees from conducting background checks on job candidates' credit histories without good cause; exceptions could include needing one by law or where information provided "substantially connects" to the position being filled.
Due to their sensitive nature, pre-employment credit checks may also be conducted as part of an employer's hiring process for these roles under this act. Please see the law for further clarifications.
Equal Pay for Equal Work Act
As part of their effort to prevent discriminatory hiring practices in Colorado, companies are not permitted to inquire into candidates' prior salaries for recruitment purposes or use that wage rate or salary when setting pay rates or salaries for positions being filled by the said candidate. Consult Colorado law before making decisions based on candidates' past salaries.
Statewide ban-the-box Laws
Colorado boasts two Ban the Box laws designed to safeguard job candidates by restricting criminal background check usage during interviews and selection processes. One direction is specific to government entities, while the other applies across industries.
House Bill 12-1263
This rule prevents state agencies from indicating in their employment advertisements that those with criminal charges cannot apply, as well as conducting background checks before offering conditional offers of employment to candidates.
Under this law, employers cannot deny offers to job applicants for positions based on criminal searches convictions unless they determine that an applicant disqualifiers for the position after considering the nature of offenses committed and related job duties, time since the felony conviction, rehabilitation efforts undertaken since convictions occurred, etc.
Previous employers cannot legally withdraw or withhold employment due to arrest laws.
Clean Slate Act
This law automatically seals county court records of nonviolent crimes for 7 and 10 years following final disposition. Please consult this law.
The Fair Credit Reporting Act (FCRA) is a federal statute that may preempt some state regulations, such as Colorado's. Furthermore, it mandates continued reporting of criminal convictions.
Colorado's Chance to Compete Act
This statute covers all Colorado employers and allows them to conduct background checks at any point during the hiring process; some actions, however, are expressly forbidden by law.
- Add language to a job posting or application prohibiting those with criminal backgrounds from applying.
- All applicants must provide details regarding their criminal background on the initial application.
Employers that require criminal check investigations for employment purposes could be exempted from complying with applicable legislation by statutes or regulations that exempt them. Firms could also benefit if they participate in hiring programs designed to promote hiring individuals with criminal history and carefully examine any relevant legislation.
Fair Credit Reporting Act (FCRA)
Colorado companies that utilize CRA's consumer credit report to conduct background checks must adhere to federal Fair Credit Reporting Act regulations (FCRA). Employers are required to disclose their intention when performing background checks on full-time employees and obtain written consent from qualified candidates before beginning an adverse action procedure should the information uncovered through background checks be used against them in making hiring decisions.
Private employers who need clarification on Colorado's background check report and regulations must abide by its applicable state laws to avoid liability issues.
Ebs Colorado Offers Colorado Background Investigation For Your Employees
Employers in Colorado who want a more straightforward pre-employment background check process will benefit by working with EBS Colorado, an established background check service provider for businesses in all the key industries. By teaming up with us, employers of all sizes may complete background checks quickly and correctly while eliminating bias during employment decisions.
Our platform provides key features of background screening products and automated workflows with built-in compliance responsibilities - submit a Colorado background check request today screened with all types of background check processes that helps you make informed hiring decisions.
2023-07-04 11:54:39
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