Can I use Ai to screen job applicants in Colorado?

Here is the short version. Then the detail, because Colorado is the one state where the detail changed this year.

What happened to the original law?

The original Colorado AI Act, SB 24-205, was passed in 2024. It never took effect.

It never got enforced. On May 14, 2026, Governor Polis signed SB 26-189, which repeals and replaces the original act with a narrower framework. The replacement is aimed at January 1, 2027, and would apply to decisions made on or after that date.

One caution: the rules are not final yet, so recheck the aimed-at date and the rules before January.

What does the replacement require?

The new framework is narrower than the original. It is built around notice, explanation, and human review, not around impact assessments and a duty of care.

For hiring, the duties that matter are these. Candidates get notice when automated decision-making technology is used in a decision about them. After an adverse outcome, the person gets an explanation, and can ask for a correction and a human review. Records are kept for three years.

The law covers technology that processes personal data and produces output used to make, guide, or assist a decision about a person. That includes a score, a ranking, a classification, or a recommendation. A resume screen that ranks applicants is covered. A tool that only schedules interviews is not, because it is not deciding anything about the person.

What should I do first?

Do not wait for January to start. The work is the same work every state now asks for, and it takes time.

• List every tool that screens, scores, or ranks candidates. Include the applicant tracking system, any screening add-on, and any tool that ranks interview performance.
• Ask each vendor for bias testing and what data the tool uses. Ask whether the tool produces a score or ranking that shapes a hiring decision. If the vendor cannot answer in plain language, that is a finding.
• Tell candidates when Ai is involved. A short note about what the tool does, and how a person reviews the result, is good practice everywhere, and Colorado's replacement aims to require it from January.
• Keep the records. Save the tool list, the vendor answers, the criteria you set, and the human decisions. Colorado's replacement asks for three years. Other states ask for four. Keep the longest timeline that applies to you.
• Watch for the final rules. The rules are not final yet, so check back before January and adjust the notice language when they land. A short calendar reminder now saves a scramble later.

What to do next

Colorado is the clearest example of why this area needs a live check, not a one-time read. The law changed in May, and the rules are still being written. Recheck the aimed-at date and the rules before January, and again before you roll out a new screening tool. Update any handbook or vendor contract that still cites the old law.

Read the overview of why Ai needs a strategy on the Why Ai page. If you want someone to check your tools against the rules that apply to your business, that is what an Ai risk and compliance audit is for.

HR guidance, not legal advice.