Finding a new job can already be challenging, but the process may become even more difficult when a former employer intentionally interferes with a worker’s employment opportunities. This practice is commonly referred to as employment blacklisting. For workers in Denver and throughout Colorado, state law provides protections against certain forms of blacklisting.

Colorado law generally prohibits employers from maintaining or using a blacklist for the purpose of preventing a current or former employee from obtaining employment. However, not every negative employment reference constitutes illegal blacklisting. Understanding the difference can help

Colorado workers determine when a former employer may have crossed the line.

What Is Employment Blacklisting?

Employment blacklisting generally occurs when an employer intentionally takes steps to prevent a former or current employee from finding another job.

This can involve communicating with prospective employers, maintaining a list of workers who should not be hired, or otherwise attempting to damage someone's future employment prospects.

Examples of conduct that could raise concerns about employment blacklisting include:

• Contacting prospective employers to discourage them from hiring a former employee.
• Maintaining or distributing a blacklist of employees who should not be hired.
• Coordinating with other businesses to prevent someone from obtaining work.
• Providing false information about a former employee to interfere with future employment.
• Repeatedly attempting to prevent a former employee from securing a new position.

Whether particular conduct violates Colorado law depends on the specific facts and the employer's actions and intent.

Is Employment Blacklisting Illegal in Colorado?

Yes, certain forms of employment blacklisting are illegal under Colorado law.

Colorado Revised Statutes § 8-2-110 prohibits a corporation, company, or individual from blacklisting or causing a discharged employee to be blacklisted when the purpose is to prevent that person from obtaining similar or other employment. Colorado law also provides penalties for certain blacklisting conduct.

Colorado Revised Statutes § 8-2-114 additionally states that an employer may not maintain a blacklist or notify another employer that a current or former employee has been blacklisted for the purpose of preventing that individual from receiving employment.

These protections can be particularly important for employees who believe a former employer is deliberately interfering with their ability to find work in Denver or elsewhere in Colorado.

Are Negative Employment References Considered Blacklisting?

Not necessarily. Colorado's blacklisting laws do not mean that former employers are prohibited from providing legitimate employment references.

Colorado law generally provides employers with civil immunity when they provide information about an employee's job history or job performance to a prospective employer upon request. That protection can include information about a worker's suitability for reemployment, work-related skills and habits, and the reason for separation. However, the statutory immunity does not apply when an employee proves that the disclosed information was false and that the employer knew or reasonably should have known it was false.

Therefore, there can be an important distinction between an employer providing a good-faith assessment of a former employee and deliberately attempting to prevent that person from obtaining another job.

How Can You Tell If You May Have Been Blacklisted?

Blacklisting can be difficult to identify because job applicants are not always told why they were rejected. However, certain patterns may warrant closer attention.

For example, an employee may repeatedly receive positive feedback during interviews only to have job opportunities disappear after references are contacted. A prospective employer might also mention troubling information received from a previous employer, or a former supervisor may make statements suggesting that the employee will have difficulty finding work elsewhere.

One rejected application alone does not necessarily indicate blacklisting. However, a consistent pattern combined with evidence that a former employer is interfering with job opportunities may justify further investigation.

Can You Obtain Information About a Reference in Colorado?

Colorado law provides employees with an important protection involving written employment references. When an employer provides written information about a current or former employee to a prospective employer, the employee can request a copy of that information. The statute provides procedures for obtaining the reference information.

This can be useful when an employee suspects that inaccurate information is being communicated to prospective employers.

What Should You Do If You Suspect Employment Blacklisting?

If you believe a former employer is deliberately preventing you from finding another job, consider preserving evidence connected to your job search. This may include emails, text messages, rejection notices, reference communications, and notes about conversations with prospective employers.

It can also be helpful to document when prospective employers contacted your references and what happened afterward. Evidence showing a repeated pattern may become important when determining whether unlawful conduct occurred.

Because Colorado's employment laws distinguish between legitimate employment references and prohibited blacklisting, an attorney can review the circumstances and help determine what legal options may be available.

Speak With a Denver Employment Attorney

Losing employment opportunities because a former employer is deliberately interfering with your job search can have serious professional and financial consequences. Colorado law prohibits certain forms of employment blacklisting while still allowing employers to provide legitimate employment information under appropriate circumstances.

If you believe you have been subjected to employment blacklisting in Denver or elsewhere in Colorado, the Law Office of Ralph G. Torres can provide legal assistance to members of the Denver public. Contact the firm to discuss your circumstances, understand your rights under Colorado employment law, and determine what options may be available.