Pre-Employment Medical Exam Laws in Colorado

The Americans with Disabilities Act (42 U.S.C. § 12102) strictly limits when employers can require medical examinations. Under federal law, medical exams are prohibited at any point before a conditional job offer is made. Once a conditional written offer is extended, an employer may require a medical exam only if the exam is job-related and consistent with business necessity, meaning the exam must assess abilities needed for the position.

The EEOC enforces these rules under 29 C.F.R. § 1630.14. If an employer requires a post-offer medical exam, the same exam must be administered to all applicants for the same job category—not selectively. Results must be kept confidential, separate from personnel files, and stored with restricted access. Medical information obtained through exams cannot be used to withdraw a conditional offer unless the exam reveals the applicant cannot perform essential job functions, even with reasonable accommodation.

Federal law also permits employers to require medical exams of current employees if the exam is job-related, required for safety reasons (such as commercial driver positions), or mandated by another federal law (such as workers' compensation baseline exams). The ADA applies to employers with 15 or more employees. The EEOC accepts charges through field offices nationwide; the federal filing deadline is 180 days from the exam-related adverse action in non-deferral states, extended to 300 days in states with fair employment agencies.

Colorado's primary employment discrimination statute is the Colorado Anti-Discrimination Act (C.R.S. § 24-34-401 et seq.), which explicitly prohibits discrimination in hiring and employment. Colorado incorporates and mirrors the ADA's standards for pre-employment and post-employment medical examinations—there is no separate, stricter Colorado law on this topic.

Under Colorado law, the same ADA restrictions apply: employers cannot require medical exams before a conditional job offer, regardless of company size. This applies to all employers in Colorado, not just those with 15+ employees; Colorado's civil rights law covers employers with one or more employee. After a conditional offer is extended, Colorado employers may require a medical exam under the same job-relatedness and business necessity standard as federal law. Colorado courts and the Colorado Civil Rights Division (which enforces C.R.S. § 24-34-401) apply ADA precedent directly.

Colorado adds one procedural distinction: state law requires that any medical information obtained must be maintained in a confidential medical file separate from general personnel records (C.R.S. § 8-2-127 extends this principle to workers' compensation baseline exams). Colorado employers are also subject to the state's privacy laws; unauthorized disclosure of medical information obtained through exams can expose an employer to additional liability under Colorado's data privacy statutes.

Colorado does not provide additional categories of protected status beyond the ADA (disability, genetic information) at the pre-employment stage. However, Colorado's EACH (Employment, Civil, and Public Accommodations) statute protects against discrimination based on creed, which federal law does not explicitly cover in hiring. Medical exams cannot be used to screen out applicants based on perceived religious practices or beliefs affecting health. Remedies under state law include back pay, front pay, compensatory damages, and attorney's fees through the Colorado Civil Rights Division or civil court.

Medical exams are not prohibited if they are administered after a conditional job offer and are legitimately job-related and consistent with business necessity. Examples include: medical exams for commercial truck drivers (to assess ability to operate vehicles), exams for positions requiring specific physical capabilities (construction workers, police officers), and exams mandated by other federal laws (Department of Transportation physicals, FAA medical certificates).

Employers may ask about health history after a conditional offer is made if the questions are job-related—however, medical exams (defined as invasive tests, biometrics, or physician evaluations) remain restricted. Employers may require baseline workers' compensation medical exams for all new hires in safety-sensitive roles after hire, not before, under C.R.S. § 8-2-127.

An applicant's voluntary self-disclosure of a disability during an interview is not a medical exam and does not trigger ADA restrictions. Similarly, asking about ability to perform essential functions ("Can you lift 50 pounds?") is not a medical exam. However, asking applicants to undergo drug testing before an offer is made may constitute a prohibited medical exam if the test includes a medical evaluation component; Colorado courts follow federal EEOC guidance that routine drug screening (saliva or urine for illegal substances only) may be permissible pre-offer in some contexts, but this remains unsettled and employers should administer pre-offer drug tests only after conditional offer to avoid legal risk.

Union contracts or collective bargaining agreements may permit additional medical exam requirements, but they cannot override the ADA's minimum protections. An employer cannot condition the exam on waiving ADA rights or confidentiality protections.

**Step 1: Document the Exam Refusal or Discriminatory Request.** Keep a written record of the date you received the job offer (if any), the date you were first asked to undergo the medical exam, and the exact wording of the employer's request. Save all emails, letters, or job postings related to the position. If you were told the exam was required before an offer was extended, note the timeline clearly. Take screenshots or print PDFs of all communications. Record the names and titles of people who made the exam request, and any statements about why the exam was required.

**Step 2: File an Internal Complaint (Optional but Recommended).** Contact the employer's human resources or compliance department in writing—email is acceptable—and state that you believe the pre-offer medical exam requirement violates the ADA and Colorado Anti-Discrimination Act. Request written confirmation of the company's medical exam policy and ask for the policy in writing. Respond to any employer follow-up in writing. This creates a paper trail and gives the employer a chance to correct the violation before you file an external charge. Keep copies of all internal correspondence.

**Step 3: File a Charge with the Colorado Civil Rights Division.** You have 180 days from the date of the violation (the refusal to hire you after declining an illegal pre-offer exam, or the offer being withdrawn due to an illegal exam requirement) to file a charge. The Colorado Civil Rights Division (CCRD) is the state agency that enforces the Colorado Anti-Discrimination Act. File online at https://dmv.colorado.gov/ccrd or mail a charge form to: Colorado Civil Rights Division, 1560 Broadway, Suite 1550, Denver, CO 80202. Phone: (303) 894-2997.

Include: your name, contact information, the employer's name and address, the position you applied for, the date of the alleged violation, a clear description of what happened (pre-offer exam request or withdrawal of offer due to exam refusal), and the names of any witnesses. You do not need an attorney to file. The CCRD will send you a receipt and assigned investigator's contact information.

Alternatively, you may file a charge with the EEOC (federal agency) at https://www.eeoc.gov/filing-charge-discrimination or visit a local EEOC office. In Colorado, file online through the EEOC portal or contact: EEOC Denver Field Office, 303-844-3001. The EEOC will automatically dual-file your charge with the Colorado Civil Rights Division (cross-filing).

**Step 4: Investigation Process and Expectations.** After you file a charge, the CCRD investigator will contact the employer to request a response, policy documents, and an explanation of why the medical exam was required or why you were not hired. This is called the employer's "position statement." The investigation typically takes 60–180 days, though timelines vary. You may be asked to provide additional documentation or a written statement. The investigator may interview you and the employer separately. Throughout the process, you retain the right to withdraw the charge or settle with the employer.

Once the investigation is complete, the CCRD will issue a "Determination" letter. If the CCRD finds probable cause that a violation occurred, you have the right to pursue a "Right-to-Sue" letter and file a civil lawsuit, or you may request administrative conciliation (settlement negotiation). If the CCRD finds no probable cause, you may still request a Right-to-Sue letter and sue in state or federal court within 90 days.

**Step 5: Consult an Attorney.** If the employer refuses to hire you or withdraws your offer specifically because you declined an illegal pre-offer medical exam, or if you believe you have been discriminated against, consult an employment law attorney in Colorado. Many offer free initial consultations. An attorney can help you understand the strength of your claim, calculate damages (lost wages, emotional distress, attorney's fees), negotiate with the employer, or represent you in court or before the CCRD. Look for an attorney licensed in Colorado with experience in ADA and Colorado Anti-Discrimination Act cases. You may also contact the Colorado Employment Lawyers Association (CELA) or the Colorado Bar Association for referrals.