3 Colo. Code Regs. § 708-1-60.3

Current through Register Vol. 47, No. 11, June 10, 2024

Rule 3 CCR 708-1-60.3 - Employment

(A) Employment Criteria.

(1) An employer may not make use of any employment test or other selection criterion that screens out or tends to screen out persons with disabilities unless one or more of the following is established:

(a) the test score of other selection criterion is shown to be job-related for the position in question; or

(b) alternative job-related tests or criteria that screen out or tend to screen out fewer persons with disabilities are unavailable.

(2) An employer shall select and administer tests concerning employment to ensure that, when administered to an applicant or employee who has a disability that impairs sensory, manual or speaking skills, the test results accurately reflect the applicant's or employee's job skills, aptitude, or whatever other factor the test purports to measure, rather than reflecting the applicant's or employee's impaired sensory, manual or speaking skills (except where those skills are the factors that the test purports to measure).

(B) Employment Inquiries.

(1) Except as provided in paragraphs (2) and (3) of this section, an employer may not conduct a pre-employment medical examination, may not make pre-employment inquiries as to whether the applicant is an individual with a disability, and may not inquire about the nature or severity of a disability. An employer may, however, make pre-employment inquiries into an applicant's ability to perform job-related functions.

(2) When an employer has taken remedial action to correct the effects of past discrimination or when an employer is taking affirmative action, the employer may invite applicants for employment to indicate whether and to what extent they are disabled provided that:

(a) the employer states clearly on any written questionnaire used for this purpose or makes clear orally if no written questionnaire is used that the information requested is intended for use solely in connection with its remedial action, obligations or its voluntary or affirmative action efforts; and

(b) the employer states clearly that the information is being requested on a voluntary basis, that it will be confidential as provided in paragraph (4) of this section, that the refusal to provide it will not subject the applicant or employee to any adverse treatment, and that such information will be used only in accordance with remedial and affirmative action.

(3) Nothing in this section shall prohibit an employer from conditioning an offer of employment on the results of a medical examination conducted prior to the employee's entrance on duty, provided that:

(a) all entering employees are subjected to such an examination regardless of disability; and

(b) the results of such an examination are used only in accordance with the requirements of these rules and regulations.

(4) Information obtained in accordance with this section shall be collected and maintained on separate forms that shall be accorded the same confidentiality as medical records, except that:

(a) supervisors and managers may be informed regarding restrictions on the work or duties of persons with disabilities and regarding necessary accommodations;

(b) first aid and safety personnel may be informed where appropriate, if the condition might require emergency treatment; and

(c) The information shall be provided upon request to Staff of the Division conducting investigations.

3 CCR 708-1-60.3

37 CR 22, November 25, 2014, effective 12/15/2014

43 CR 12, June 25, 2020, effective 7/15/2020

45 CR 01, January 10, 2022, effective 1/30/2022

46 CR 04, February 25, 2023, effective 3/30/2023

46 CR 23, December 10, 2023, effective 12/30/2023