Fill - Free fillable Credit History Complaint Instructions (Colorado DORA) PDF form

1

Colorado Division of Labor Standards and Statistics | 633 17

th

Street, Suite 600 | Denver, Colorado 80202-2107

Main: (303) 318-8441 | Toll Free: 1-888-390-7936 | Fax: (303) 318-8400

www.colorado.gov/cdle/eoa

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

www.colorado.gov/cdle/eoa

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

www.colorado.gov/cdle/eoa

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.

2

However, an employer’s actions may be lawful (and by submitting the complaint you could be liable for

penalties) if:

1) The position is with a bank or financial institution.

2) The position is an executive, management, or officer position, or the position is considered professional staff

to executive and management personnel, and the job involves: (1) setting the direction or control of the

business; (2) a fiduciary responsibility to the employer; (3) access to customers’, employees’, or the

employer’s personal or financial information other than information customarily provided in a retail

transaction; and/or (4) the authority to issue payments, collect debts, or enter into contracts.

3) The employer is a state or local law enforcement agency.

4) The employer employs less than four employees.

5) The employer employs private domestic servants or farm and ranch labor.

6) You are an independent contractor.

7) The employer was allowed to view your credit history based on a separate state or federal law.

8) The position involves contracts with defense, intelligence, national security, or space agencies of the federal

government.

For more information on the coverage of the law and the various exemptions, please contact the Division at (303)

318-3441 or toll free 1-888-390-7936.

How do I file a credit history complaint?

The Division only accepts complaints in writing or electronically. The complaint must be filed by the individual (or

the individual’s representative) who has been directly affected by the employer’s prohibited consumer credit

practices. The individual needs to be the specific employee or applicant whose consumer credit information was

involved.

If you believe your employer has violated the law, you may file a complaint by filling out the “Credit History

Complaint” form. Please complete the form and answer all questions. If your complaint form is not completed, the

process may be delayed.

May I file a complaint anonymously?

The Division does not accept anonymous complaints, or complaints from individuals not directly affected by the

employer’s practices. The individual needs to be the specific employee or applicant whose consumer credit was

involved.

How do I include supporting documentation?

You may mail, fax, or email all supporting documents to the Division. Attach copies of supporting documentation

that may substantiate your complaint, such as:

 Job description which describes the duties and responsibilities of your position

 Job advertisement

 Job application form

 Consent forms provided by the employer

 Copy of your credit report given to you by the employer

 Disclosures provided by the employer

Colorado Division of Labor Standards and Statistics | 633 17

th

Street, Suite 600 | Denver, Colorado 80202-2107

Main: (303) 318-8441 | Toll Free: 1-888-390-7936 | Fax: (303) 318-8400

www.colorado.gov/cdle/eoa

3

 Employment contracts, policies, or handbooks related to use of credit information

 Any additional e-mails and/or letters

On all pages of your documents, please include your name and the name of the employer you are filing the

complaint against. Do not send the originals; please make copies of all supporting documentation.

What is the next step after I’ve filed a complaint, and how long can an investigation take?

Once a complaint is received by the Division, it is assigned to an investigator. The investigator will contact you

to follow up on the matter. The Division does not provide a specific timeframe for investigating a dispute. In

general, the time it takes to resolve or complete an investigation depends on the complexity of each

complaint and other factors.

What can I do to help expedite the process?

 Answer all questions on the “Credit History Complaint” form accurately and provide a detailed explanation

where necessary.

 Provide all information in detail and supply supporting documentation with your initial written complaint.

Failure to supply information may result in delays.

 Attach copies of any supporting documentation. DO NOT SEND ORIGINALS.

 Contact the Division immediately if your address or contact information changes.

What is the status of my complaint?

If you would like to inquire about the status of your complaint, please contact the Division to talk to an

investigator.

What are the possible outcomes?

The Division investigates complaints, and when applicable, conducts hearings of appeals. The Division may award

a penalty of up to $2,500 to the prevailing party.

Do I have to pay a penalty to my employer if my complaint is unsuccessful?

If you file a complaint, and the employer is ultimately determined to be the prevailing party (for example, they did

not violate the law), you may have to pay the employer up to $2,500 in penalties.

How do I know the outcome?

The Division will notify you of the outcome of your complaint using the contact information you provided.

Before submitting the complaint:

By filling out, signing, and filing the “Credit History Complaint” form, you agree to the following:

 I have been notified and understand that any person providing false information to the Division in order to

obtain and/or retain anything of value may be subject to criminal prosecution under the laws of the State of

Colorado with possible penalties of fines, imprisonment, or both.

 I hereby certify that this is a true and accurate statement of the alleged violation, and authorize the Division

to investigate and assist in this matter.

Colorado Division of Labor Standards and Statistics | 633 17

th

Street, Suite 600 | Denver, Colorado 80202-2107

Main: (303) 318-8441 | Toll Free: 1-888-390-7936 | Fax: (303) 318-8400

www.colorado.gov/cdle/eoa

4

 I hereby certify that I have reviewed the Employment Opportunity Act (EOA) Fact Sheet and Frequently

Asked Questions on the Division’s website www.colorado.gov/cdle/eoa

 I hereby grant the Division permission to access and review my credit history report.

 I understand that any information supplied to the Division may be provided to the employer, the agents of

the employer involved in the dispute, and other agencies or individuals as the Division deems appropriate.

 I understand the law provides the possibility of penalties being awarded to the prevailing party; the

prevailing party can be the employee, applicant, or employer.

 I understand that this complaint and all associated documentation may be subject to the Colorado Open

Records Act, and is potentially reviewable by the public.

What is the Division’s contact information if I have additional questions?

Contact the Division using the information listed below. You may also visit our website at

www.colorado.gov/cdle/eoa

Mailing Address:

Colorado Division of Labor Standards and Statistics

633 17th Street, Suite 600

Denver, Colorado 80202-2107

Phone: (303) 318-3441

Toll Free: 1-888-390-7936

Fax: (303) 318-8400

Email: cdle_labor_standards@state.co.us

Colorado Division of Labor Standards and Statistics |

633 17

th

Street, Suite 600 | Denver, Colorado 80202-2107

Main: (303) 318-8441 | Toll Free: 1-888-390-7936 | Fax: (303) 318-8400

www.colorado.gov/cdle/eoa

1

Colorado Division of Labor Standards and Statistics

CREDIT HISTORY COMPLAINT FORM

(for use with violations of the Employment Opportunity Act,

§ 8-2-126, C.R.S.)

633 17

th

Street, Suite 600

Denver, Colorado 80202-2107

Telephone (303) 318-8441

Fax (303) 318-8400

Toll Free (888) 390-7936

www.colorado.gov/cdle/eoa

This form is to be used to report employers, or potential employers, who may be in violation of the Employment

Opportunity Act § 8-2-126, C.R.S. You must sign and date this form at the bottom.

Effective on and after July 1, 2013, the Employment Opportunity Act, § 8-2-126, C.R.S. prohibits employers from

requesting or using credit information (such as credit reports) in employment decisions for certain employees and

job applicants in Colorado. For more information on the Colorado Employment Opportunity Act, go to

www.colorado.gov/cdle/eoa

Section I: Contact Information for Complainant

(Your information is required. The Division does not accept anonymous claims.)

Your First Name

Your Home Phone

Your Last Name

Your Current Work Phone

Your Mailing Address

Your Current Cell Phone

City State Zip Code

Your Email Address

Section II: Contact Information for Employer, or Potential Employer Allegedly Violating § 8-2-126, C.R.S.

Employer/Business Name

Employer Phone

Owner or Supervisor’s Name

Employer Alternate Phone

Employer/Business Mailing Address

City State Zip Code

Employer/Business Email Address

Section III: Current or Former Employees

(Only complete Section III (for Employees) OR Section IV (for Applicants). Do not complete both).

Your job title associated with the employer listed in Section II

Date of Hire

Your job responsibilities/duties

Colorado Division of Labor Standards and Statistics | 633 17

th

Street, Suite 600 | Denver, Colorado 80202-2107

Main: (303) 318-8441 | Toll Free: 1-888-390-7936 | Fax: (303) 318-8400

www.colorado.gov/cdle/eoa

2

Your job responsibilities/duties (continued)

Your employment status (i.e. still employed, fired, laid off, resigned)

Section IV: Applicants Who Applied For a Job

The job position you applied for associated with the employer listed in Section II

Your job responsibilities/duties of the job you applied for

Date Applied

Date of Hire (if applicable)

Was the job position advertised? (Attach a copy of the job advertisement)

Interview Date (if applicable)

Rejection Date (if applicable)

Section V: Description of Alleged Violation

Did the employer request your credit history?

Date of Request (if applicable)

How was the request communicated to you? (e.g., verbally, in a letter, etc. If in writing, attach a copy of the consent form)

Colorado Division of Labor Standards and Statistics | 633 17

th

Street, Suite 600 | Denver, Colorado 80202-2107

Main: (303) 318-8441 | Toll Free: 1-888-390-7936 | Fax: (303) 318-8400

www.colorado.gov/cdle/eoa

3

Did you consent to the credit history request?

Date of Consent (if applicable)

Person’s name and title to whom you gave consent:

First and Last Name:

Title:

Email Address:

Phone Number:

Did you receive a copy of your credit report from the employer? (Attach a copy of the credit report given to you by the

employer)

Date credit report was received (if

applicable)

Did employer request any additional reports? (e.g., background, employment,

etc.)

Do you believe your credit information was used for employment purposes? How was it used? Please explain.

Colorado Division of Labor Standards and Statistics | 633 17

th

Street, Suite 600 | Denver, Colorado 80202-2107

Main: (303) 318-8441 | Toll Free: 1-888-390-7936 | Fax: (303) 318-8400

www.colorado.gov/cdle/eoa

4

Did employer act adversely? Check all that apply:

Did not get the job you applied for ……..…

Terminated ………………………………...

Denied a promotion.……………………….

Demoted………………………...………….

Reassigned to a lower-ranked position……

Decrease in compensation Level …………..

Other, please describe:..……………………

Date of Adverse Action (if applicable)

How was the adverse action communicated to you?

(If in writing, attach a copy of the communication)

Did the employer tell you that the adverse action was based on your credit history? Please explain.

Did the employer disclose the particular information in your credit history they relied on when acting adversely? Please

explain. (Be specific, i.e., late payments on mortgage, amount of medical debt, etc. If disclosed in writing, attach a copy of

the disclosure).

Colorado Division of Labor Standards and Statistics | 633 17

th

Street, Suite 600 | Denver, Colorado 80202-2107

Main: (303) 318-8441 | Toll Free: 1-888-390-7936 | Fax: (303) 318-8400

www.colorado.gov/cdle/eoa

5

On what date did the employer provide the particular information?

Section VI: Witnesses Who Have Evidence of the Violation (Note: The Division may contact these individuals)

Witness 1:

First Name

Relationship

Last Name

Home Phone

Mailing Address

Cell Phone

City State Zip Code

Email Address

Witness 2:

First Name

Relationship

Last Name

Home Phone

Mailing Address

Cell Phone

City State Zip Code

Email Address

Describe in detail any additional information for your allegation that this employer has violated the Employment

Opportunity Act, § 8-2-126, C.R.S. Please include copies of any relevant documents or information and additional

pages as necessary (i.e., job posting, disclosure forms, consent forms, credit report, employment handbook, letters,

emails, etc.)

__________________________________________________________________________________________________________________

Colorado Division of Labor Standards and Statistics | 633 17

th

Street, Suite 600 | Denver, Colorado 80202-2107

Main: (303) 318-8441 | Toll Free: 1-888-390-7936 | Fax: (303) 318-8400

www.colorado.gov/cdle/eoa

6

__________________________________________________________________________________________________________________

I declare under penalty of perjury § 18-8-501 et seq., C.R.S. that the information I have provided is true and correct.

Name

Signature

Date

Please mail or deliver this complaint and any attached documentation to:

Mailing Address:

Colorado Division of Labor Standards and Statistics

633 17th Street, Suite 600

Denver, Colorado 80202-2107

Fax: (303) 318-8400

Email: cdle_labor_standards@state.co.us

Colorado Division of Labor Standards and Statistics

| 633 17

th

Street, Suite 600 | Denver, Colorado 80202-2107

Main: (303) 318-8441 | Toll Free: 1-888-390-7936 | Fax: (303) 318-8400

www.colorado.gov/cdle/eoa

Fill Online, Printable, Fillable, Blank Credit History Complaint Instructions (Colorado DORA) Form

Use our library of forms to quickly fill and sign your DORA forms online.

Related forms

Fillable Credit History Complaint Instructions (Colorado DORA)

Fill Online, Printable, Fillable, Blank Credit History Complaint Instructions (Colorado DORA) Form

Use our library of forms to quickly fill and sign your DORA forms online.

Related forms

First 20 documents completely FREE!