Colorado Anti-Blacklisting Statute

Under Colorado law, it is unlawful for any employer to maintain a blacklist, or to notify any other employer that a current or former employee has been blacklisted, for the purpose of preventing such employee from receiving employment.  Employers who provide accurate information about a current or former employee’s job performance in references are immune from liability for such disclosure.  However, the immunity is lost if it can be proven that an employer disclosed information it knew was false or that it should have known was false.

Under federal anti-discrimination laws, employers can also be liable if they give references that violate an employee’s civil rights.  References should thus be limited to employment dates, positions, compensation, job duties, and, if done after due consideration of the risks, factual information about an employees’ job performance or separation status (termination, resignation, etc).  Upon request, employers who provide written information to a prospective or subsequent employer about a current or a former employee must send a copy of the information provided to the last known address of the employee who is the subject of the reference.  Employers should keep copies of references they give.  16A Colo. Prac., Emp. L. & Prac. Handbook § 3.21 (2013 ed.).

Contact Our Employment Attorneys

If you believe you have been blacklisted by an employer, call 303-578-4400 or fill out our online form to contact our firm and discuss your case with our experienced employment attorneys.