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Employee Privacy: Colorado

Employee Privacy requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Authors: Stuart R. Buttrick, Susan W. Kline and Jenie Van Hampton, Faegre Drinker Biddle & Reath LLP


  • Colorado law recognizes invasion of privacy claims. See Invasion of Privacy.
  • An employee can be terminated for a positive drug test if consistent with the employer's policies. See Drug and Alcohol Testing.
  • Colorado employers are generally prohibited from discharging employees for lawful activity outside the employer's premises during nonworking hours, subject to certain exceptions. See Off-Duty Conduct.
  • Colorado law imposes restrictions on conducting medical screens of employees and job applicants. See Preemployment Screening and Postemployment Screening.
  • Employers who regularly use documents with personal identifying information must develop proper document destruction policies. See Privacy and Security of Personnel Records and Information.
  • Colorado has a law protecting the social media privacy rights of employees and applicants. Colorado places significant limitations on the use of credit checks for hiring and other employment purposes. See Credit Checks.
  • Boulder has requirements pertaining to employee privacy. See Local Requirements.