Second Regular Session Sixty-eighth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 12-0109.01 Kristen Forrestal x4217HOUSE BILL 12-1134 HOUSE SPONSORSHIP Pabon, Casso, Court, Duran, Ferrandino, Fields, Fischer, Hamner, Hullinghorst, Jones, Kagan, Kefalas, Kerr A., Labuda, Lee, Levy, McCann, McKinley, Miklosi, Pace, Peniston, Ryden, Schafer S., Todd, Tyler, Vigil, Williams A., Young SENATE SPONSORSHIP (None), House Committees Senate Committees Economic and Business Development A BILL FOR AN ACT Concerning a prohibition against advertising a job vacancy that requires an applicant to be currently employed. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) The bill prohibits an employer, employer's agent, employer's representative, or employer's designee (referred to as "employer") from publishing, in print or on the internet, an advertisement for any job vacancy that contains a provision that states: The qualifications for a job include current employment; An application for employment will not be considered if the applicant is currently unemployed; or Only applications submitted by job applicants who are currently employed will be considered. An employer who violates the provisions of the bill is subject to a civil penalty. The bill also clarifies that the prohibitions regarding advertising do not establish a private cause of action by an aggrieved person. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, add 8-2-126 as follows: 8-2-126. Equal opportunity for persons currently unemployed - help-wanted advertising - prohibited terms - legislative declaration. (1) (a) The general assembly hereby finds that denial of employment opportunities to individuals because they are currently unemployed is discriminatory and burdens commerce by: (I) Reducing personal consumption and undermining economic growth; (II) Squandering human capital essential to the state's economic vibrancy and growth; (III) Increasing the demands for unemployment insurance benefits, reducing unemployment insurance trust fund assets, and leading to higher payroll taxes for employers, cuts in benefits for jobless workers, or both; (IV) Imposing additional burdens on publicly funded health and welfare programs; and (V) Depressing income, property, and other tax revenues that the state and local governments rely on to support operations and institutions essential to commerce. (b) Therefore, it is the intent of the general assembly to prohibit consideration of an individual's status as unemployed in screening for or filling positions except where a requirement related to employment status is an occupational qualification reasonably necessary to successful performance in the job. (2) No employer, employer's agent, employer's representative, or employer's designee shall knowingly or purposefully publish, in print or on the internet, an advertisement for any job vacancy in this state that contains any of the following: (a) A provision stating that the qualifications for a job include current employment; (b) A provision stating that the employer, employer's agent, employer's representative, or employer's designee will not consider or review an application for employment submitted by any job applicant who is currently unemployed; or (c) A provision stating that the employer, employer's agent, employer's representative, or employer's designee will only consider or review applications for employment submitted by job applicants who are currently employed. (3) (a) Nothing in this section shall prohibit an employer, employer's agent, employer's representative, or employer's designee from publishing, in print or on the internet, an advertisement for a job vacancy in this state that sets forth any other qualifications for a job, as permitted by law, including the holding of a current and valid professional or occupational license, certificate, registration, permit, or other credential, or a minimum level of education, training, or field experience. (b) Nothing in this section shall prohibit an employer, employer's agent, employer's representative, or employer's designee from publishing, in print or on the internet, an advertisement for a job vacancy that states that only applicants who are currently employed by the advertising employer will be considered. (4) (a) An employer, employer's agent, employer's representative, or employer's designee who violates this section is subject to a penalty not to exceed one thousand dollars for the first violation, five thousand dollars for the second violation, and ten thousand dollars for each subsequent violation. The moneys collected pursuant to this section shall be deposited in the judicial stabilization cash fund created in section 13-32-101 (6), C.R.S. (b) Nothing in this section creates, authorizes, or establishes a private cause of action by an aggrieved person against an employer, employer's agent, employer's representative, or employer's designee who has violated, or is alleged to have violated, this section. SECTION 2. Effective date - applicability. This act takes effect July 1, 2012, and applies to job vacancies advertised on or after the effective date of this act. SECTION 3. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.