Restriction Explanation
State Public Employees – Ban-the-Box Provisions FOR PUBLIC EMPLOYERS ONLY: State agencies, including state licensing agencies, are prohibited from performing a background check until the agency determines the applicant is a finalist for the position or the applicant receives a conditional job offer.
Use of credit report Effective July 1, 2013 per SB 13-018: An employer cannot use consumer credit information to evaluate an applicant/employee for a job unless the law specifically permits this information to be used. See the Exceptions of Note for those who are entitled to a credit report or may only request and use a credit report if it is “substantially related to the position” being filled. If a credit report is obtained under the substantially related use, then the employer must provide to the applicant/employee a notice that a credit report will be obtained. Evidentially no special notice is needed for employers who are banks, financial institutions or those required by law to obtain credit reports. CRAs should examine their Disclosures and Authorization forms.
Use of Social Media Password Information An employer may not suggest, request, or require an employee or applicant disclose to disclose any user name, password, or other means for accessing the employee’s or applicant’s personal account or service through the employee’s or applicant’s personal electronic communications device. An employer may not compel an employee or applicant to add anyone, including the employer or his or her agent, to the employee’s or applicant’s list of contacts associated with a social media account.
Use or inquiry of sealed, expunged, pardoned or erased records Employer shall not ask or require disclosure of sealed records and the applicant cannot be denied employment for failure to disclose sealed records.