Colorado Division of Labor Standards and Statistics | 633 17
Street, Suite 600 | Denver, Colorado 80202-2107
Main: (303) 318-8441 | Toll Free: 1-888-390-7936 | Fax: (303) 318-8400
Credit History Complaint Instructions
(for use with violations of the Colorado Employment Opportunity Act, § 8-2-126, C.R.S.)
Colorado Department of Labor and Employment | Division of Labor Standards and Statistics
What is a credit history complaint?
A credit history complaint is a written complaint filed with the Division against your current or prospective
employer for violations of the Employment Opportunity Act (EOA). The complaint form may be used when an
applicant or employee believes that their employer or potential employer improperly requested, accessed, or used
their credit report, or other personal credit history or credit information, in violation of the law.
What is the Employment Opportunity Act?
The Colorado Employment Opportunity Act (EOA) prevents employers from requesting or using credit information
(such as credit reports) in employment decisions for certain employees and job applicants in Colorado (See §
8-2-126, C.R.S.). The law applies to actions taken on or after July 1, 2013.
According to the law, employers may not request a prospective or current employee's credit report, or use
consumer credit information for employment purposes, unless: (1) the credit information is “substantially related”
to the employee’s current or potential job, or (2) the person being evaluated or the employer are exempt as
provided by the law.
For more information on when your employer can and cannot request your credit information under this law,
please refer to the Division’s Employment Opportunity Act Fact Sheet and Frequently Asked Questions at
What are some common scenarios where an employer has potentially violated the law?
If you are an applicant or employee working or applying to work in the State of Colorado, and the employer has 4 or
more employees, the following scenarios are considered potential violations under the Employment Opportunity
Act, § 8-2-126, C.R.S.:
1) The employer or job application required that I give consent to allow the employer to access my credit
report, and my credit report is not “substantially related” to the job position.
2) My potential/current employer obtained my credit report without my written consent, and/or did not
disclose in writing how my credit report was “substantially related” to the job.
3) I was denied employment based on my credit history, and my credit history is not “substantially related” to
the job position.
4) My current employer made an adverse employment decision based upon my credit information (e.g.,
demotion, decrease in pay, reassignment, termination, etc.) and my credit history is not “substantially
related” to the job position.
5) My potential employer decided not to hire me based upon my credit information, and they did not disclose
to me the particular information in my credit history upon which they relied.
6) My current employer made an adverse employment decision based upon my credit information (e.g.,
demotion, decrease in pay, reassignment, termination, etc.) and they did not disclose to me the particular
information in my credit history upon which they relied.