EmployeeScreenIQ serves an impressive roster of clients ranging from Fortune 100 organizations to mid-size corporations representing a diversity of industries . So whether you employ people in Colorado, throughout the United States or in over 200 countries abroad, we are your one stop shop for employment background checks.
Listed below are some things that those who conduct employee background checks in the state of Colorado should know.
Colorado has 64 counties.
State Court Structure
Trial Courts: District Courts hear all civil cases, as well as domestic relations, criminal, juvenile, probate, and mental health cases. District court decisions may be appealed to the Colorado Court of Appeals (in some cases directly to the Colorado Supreme Court). County Courts handle civil cases under $15,000, misdemeanors, traffic infractions, felony complaints (which may be sent to district court), protection orders, and small claims.
Appellate Courts: The Colorado Court of Appeals is the first court of appeals for most decisions from the district courts. The Court of Appeals also reviews decisions of several state administrative agencies.
Supreme Court of Colorado: The Colorado Supreme Court is the court of last resort in Colorado’s state court system. The court generally hears appeals from the Court of Appeals, although in some instances individuals can petition the Supreme Court directly regarding a lower court’s decision.
Federal Court Structure
- United States District Court for the District of Colorado
- Federal cases in Colorado are appealed to the United States Court of Appeals for the Tenth Circuit
Ban the Box
Colorado has a statewide ban the box law.
Colorado has a law that restricts the use of credit reports in the hiring process which was enacted in 2013 and says an employer can’t use consumer credit information for employment purposes unless the information is substantially related to the employee’s current or potential job. Exceptions include: (I) The employer is a bank or financial institution; (II) The report is required by law; or (III) The report is substantially related to the employee’s current or potential job and the employer has a bona fide purpose for requesting or using information in the credit report that is substantially related to the employee’s current or potential job and is disclosed in writing to the employee.
The law takes an extra step in saying that even if the credit report is “substantially related” to the employee’s current or potential job, an employer may “inquire further of the employee to give him or her the opportunity to explain any unusual or mitigating circumstances.” Then, if the employer denies employment based in part on the credit report, it has to disclose the reason in writing to the applicant.
Other Limitations on Screening for Employers
Colorado Civil Rights Division takes the position that employers may only inquire about convictions that are substantially related to the job.
The state of Colorado has laws which legalize both medical and recreational marijuana.
The state of Colorado restricts or limits private employers from accessing and requesting employee/candidate log in information for personal social media accounts.