7 CCR 1103-4-2 - Definitions

2.1 "Adverse action" means:

(I) For an applicant for employment, denial of employment; and

(II) For an employee, demotion, reassignment to a lower-ranked position or to a position with a lower level of compensation, decrease in compensation level, denial of promotion, or termination of employment; or

(III) Any other decision for employment purposes that adversely affects an employee or applicant.

2.2 "Consumer credit information" means a written, oral, or other communication of information bearing on a consumer's creditworthiness, credit standing, credit capacity, or credit history. "Consumer credit information" includes a credit score but does not include the address, name, or date of birth of an employee associated with a social security number. "Consumer credit information" does not include income or work history verification.

2.3 "Credit score" means an attempted numerical quantification of a person's creditworthiness or credit history.

2.4 "Division" means the division of labor standards and statistics within the department of labor and employment.

2.5 "Employee" means every person who may be permitted, required, or directed by any employer in consideration of direct or indirect gain or profit, to engage in any employment and includes an applicant for employment.

2.6 "Employer" has the meaning as set forth in C.R.S. § 8-1-101, and includes a prospective employer; except that "employer" does not include any state or local law enforcement agency.

2.7 "Employment purposes" means evaluating a person for employment, hiring, promotion, demotion, reassignment, adjustment in compensation level, or retention as an employee.

2.8 "Prevailing party" means the employee who successfully brings, or the employer who successfully defends, the complaint.

2.9 "Substantially related to the employee's current or potential job" means the information contained in a credit report is related to the position for which the employee who is the subject of the report is being evaluated because the position:

(I) Constitutes executive or management personnel or officers or employees who constitute professional staff to executive and management personnel,

And the position involves one or more of the following:

(A) Setting the direction or control of a business, division, unit, or an agency of a business;

(B) A fiduciary responsibility to the employer;

(C) Access to customers', employees', or the employer's personal or financial information other than information customarily provided in a retail transaction; or

(D) The authority to issue payments, collect debts, or enter into contracts;

(II) Involves contracts with defense, intelligence, national security, or space agencies of the federal government; or

(III) Is with a bank or financial institution.

Notes

7 CCR 1103-4-2

37 CR 12, June 25, 2014, effective 7/15/2014 40 CR 15, August 10, 2017, effective 9/1/2017