CO Code § 8-2-114 (2021)
2021 Colorado Code|Title 8 - Labor and Industry|Article 2 - Labor Relations, Generally|Part 1 - General Provisions|§ 8-2-114. Immunity From Civil Liability for Employer Disclosing Information - Employer Shall Not Maintain Blacklist - Credit Lists Excepted

  For purposes of this section, “job performance” means:   The suitability of the employee for reemployment;    The employee's work-related skills, abilities, and habits as they may relate to suitability for future employment; and    In the case of a former employee, the reason for the employee's separation.       [ ] It is unlawful for any employer to maintain a blacklist, or to notify any other employer that any current or former employee has been blacklisted by such employer, for the purpose of preventing such employee from receiving employment. Sections 8-2-112 to 8-2-115 shall not be construed to prevent any merchant or professional person, or any association thereof, from maintaining or publishing a list concerning the credit or financial responsibility of any person dealing with them on credit.    Any employer who provides information about a current or former employee's job history or job performance to a prospective employer of the current or former employee upon request of the prospective employer or the current or former employee is immune from civil liability and is not liable in civil damages for the disclosure or any consequences of the disclosure. This immunity shall not apply when such employee shows by a preponderance of the evidence both of the following:   The information disclosed by the current or former employer was false; and    The employer providing the information knew or reasonably should have known that the information was false.       This section applies to any employee, agent, or other representative of the current or former employer who is authorized to provide and who provides information in accordance with this section.    Any employer that provides written information to a prospective employer about a current or a former employee shall send, upon the request of such current or former employee, a copy of the information provided to the last-known address of the person who is the subject of the reference. Any person who is the subject of such a reference may obtain a copy of the reference information by appearing at the employer's or former employer's place of business during normal business hours. The employer or former employer may charge a fair and reasonable amount for reproduction costs if multiple copies are requested.    Nothing in this section shall be construed to abrogate or contradict the provisions of part 4 of article 34 of title 24, C.R.S.    [ ] A person who violates this section commits a class 2 misdemeanor.    Editor's note: This version of subsection (2) is effective until March 1, 2022.  (2) [ ] It is unlawful for any employer to maintain a blacklist, or to notify any other employer that any current or former employee has been blacklisted by such employer, for the purpose of preventing such employee from receiving employment. Sections 8-2-112 to 8-2-114 shall not be construed to prevent any merchant or professional person, or any association thereof, from maintaining or publishing a list concerning the credit or financial responsibility of any person dealing with them on credit.  Editor's note: This version of subsection (2) is effective March 1, 2022. Editor's note: Subsection (7) is effective March 1, 2022.  History. Source: L. 05: P. 161, § 4. R.S. 08: § 401. C.L. § 4165. CSA: C. 97, § 93. CRS 53: § 80-4-14. C.R.S. 1963: § 80-11-14. L. 92: Entire section amended, p. 1806, § 1, effective April 29. L. 99: Entire section R&RE, p. 210, § 1, effective March 31. L. 2021: (2) amended and (7) added,(SB 21-271), ch. 462, p. 3139, § 82, effective March 1, 2022. History. Source: L. 05: P. 161, § 4. R.S. 08: § 401. C.L. § 4165. CSA: C. 97, § 93. CRS 53: § 80-4-14. C.R.S. 1963: § 80-11-14. L. 92: Entire section amended, p. 1806, § 1, effective April 29. L. 99: Entire section R&RE, p. 210, § 1, effective March 31. L. 2021: (2) amended and (7) added,(SB 21-271), ch. 462, p. 3139, § 82, effective March 1, 2022.    Editor's note:   Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.   ANNOTATION   Law reviews. For article, “State Laws: A Growing Minefield for Employers”, see 23 Colo. Law. 1089 (1994).   Section is plain as to limit in its application to particular classes of persons. Resident Participation, Inc. v. Love, 322 F. Supp. 1100 (D. Colo. 1971 ).