Nearly 80% of older workers say they have seen or experienced age discrimination in the workplace and around 40% of hiring managers admit to reviewing resumes with age bias.

In Colorado, lawmakers are trying to change that with Senate Bill 58. If signed into law, the bill would ban employers from asking for an applicant’s age, date of birth or graduation date on a job application, beginning in July 2024.

Colorado legislature passed the bill on Wednesday and sent it to Gov. Jared Polis for final consideration. 

“This bill creates a fairer playing field for all workers by ensuring that applicants are judged by their merits and qualifications, instead of their age,” said bill sponsor Rep. Mary Young, D-Greeley. “We frequently think of this as applying to older Coloradans. It also applies to younger Coloradans. Age discrimination is a real problem.” 

Under the bill, employers could still ask an applicant’s age or graduation date later in the hiring process, but just not as part of the initial application, which proponents said would help older applicants get their foot in the door.

The bill also allows exceptions for federal, state or local legal age requirements or if there is a genuine age qualification related to safely performing the job. Employers could face penalties from the Department of Labor and Employment if they repeatedly violate the prohibition – up to $2,500 for three or more violations.

The Senate re-passed the bill in a 23-12 vote on Wednesday, following an amendment from the House. The House voted, 41-19, to pass the bill last week. 

In both chambers, the vote was strictly along party lines, with all Democrats in support and all Republicans in opposition. Republican lawmakers mostly criticized the bill for getting involved in private hiring processes. 

“It just goes beyond the role of government to mandate behavior in such detail,” said Sen. Mark Baisley, R-Woodland Park. “It is an overreach of government.” 

Other opponents of the bill argued that age can be a relevant factor in the hiring process and should be able to be taken into consideration in applications. 

“Many jobs require certain skills that need certain maturity levels,” said Rep. Richard Holtorf, R-Akron. “I could talk a lot about the inexperience of youth and the lack of knowledge and institutional understanding. … It takes decades to learn how to do the things that old farmers do. Decades.” 

The bill still allows employers to ask an applicant’s age later in the hiring process, just not in the first step. And, under an amendment from the House, employers could immediately request materials, such as transcripts or certifications from applicants, so long as they inform applicants that they can redact information that identifies their age if they want to. 

Proponents of the bill maintained that it would simply help older Coloradans get the chance to prove that they’re qualified to work, regardless of their age. They said this is particularly important as Colorado’s population continues to get older and the state continues to face a worker shortage, with the state having two job openings for every available worker, according to The Denver Gazette.

In seven years, 21% of Colorado’s population will be over the age of 60, according to estimates from the U.S. Census Bureau. In Colorado, the average retirement age is 65, though it has been steadily increasing for the past several years.

“It just means that those age identifiers won’t be used in the very first step of the job application process and older people will enter the application process on equal footing with their younger counterparts,” said bill sponsor Sen. Jessie Danielson, D-Wheat Ridge. 

Nearly a dozen organizations registered in support and opposition to the bill.

Opponents include the National Federation of Independent Business, United Airlines, Rocky Mountain Mechanical Contractors Association and the local governments or chambers of commerce for Denver, Colorado Springs, Fountain and Monument.

Groups in support of the bill include AARP, the Colorado Center for Aging, Disability Law Colorado, the Colorado Bar Association, Bell Policy Center, the Partnership for Age-Friendly Communities and the League of Women Voters of Colorado. 

If signed by the governor, the bill will take effect in August.