Nearly 80% of older workers say they have seen or experienced age discrimination in the workplace and around 40% of hiring managers admit to reviewing resumes with age bias.

In Colorado, Democratic lawmakers are trying to change that with Senate Bill 58.

If approved by the state legislature, the bill would ban employers from asking for an applicant’s age, date of birth or graduation date on a job application, beginning in July 2024.

The bill passed its first committee vote on Thursday.

“We’ve had a disconnect in the workplace. We have a shortage of workers in many fields, but at the same time, we have many Coloradans who want to get back to work, but there are barriers in their way,” said bill sponsor Sen. Sonya Jaquez Lewis, D-Longmont. “Our Colorado workforce desperately needs the skills, insight and experience that these individuals have to offer.”

In seven years, 21% of Colorado’s population will be over the age of 60, according to estimates from the U.S. Census Bureau. In Colorado, the average retirement age is 65, though it has been steadily increasing for the past several years.

Under the bill, employers could still ask an applicant’s age or graduation date later in the hiring process, but just not as part of the initial application, which proponents said would help older applicants get their foot in the door.

The bill also allows exceptions for federal, state or local legal age requirements or if there is a genuine age qualification related to safely performing the job. Employers could face penalties from the Department of Labor and Employment if they repeatedly violate the prohibition — up to $2,500 for three or more violations.

“Older Coloradans are either trying to get a new job or move around in the workforce and are being dismissed on the frontend of the application process because of their age,” said Sen. Jessie Danielson, D-Wheat Ridge, who also sponsored the bill. “(The bill) is giving the applicant the ability to be judged on their merit, just like their younger counterparts.”

The Senate Business, Labor and Technology Committee approved the bill in a 6-3 vote Thursday morning, advancing it to the Senate Appropriations Committee for further consideration. The vote hewed to party lines, with Democrats in support of the bill and Republicans in opposition.

Opponents to the bill lamented the government getting involved in private hiring processes. During the committee hearing, retired hiring specialist Gary McMurtrey pleaded for lawmakers to “have a little confidence” in businesses.

“The business knows better than you do how to hire,” McMurtrey said. “Hiring is a discriminating process. You discriminate against those that are unqualified, you discriminate against those that don’t have the personality to deal with what your company does. ... Do not make running a business more difficult and more risky.”

Sen. Mark Baisley, R-Woodland Park, agreed, saying he thinks it is “beyond the role of the state” to impose hiring practices on private businesses.

Nearly a dozen government and business associations registered in opposition to the bill, including the National Federation of Independent Business, United Airlines, Rocky Mountain Mechanical Contractors Association and the local governments or chambers of commerce for Denver, Colorado Springs, Fountain and Monument.

In support of the bill are AARP, the Colorado Center for Aging, Bell Policy Center, the Partnership for Age-Friendly Communities and the League of Women Voters of Colorado.

Despite the arguments raised by businesses, proponents of the bill maintained that it would simply help older Coloradans get the chance to prove that they’re qualified to work, regardless of their age.

Lisa Jensen said she worked at the University of Colorado for 23 years before she was abruptly laid off at 62 years old when the COVID-19 pandemic hit, resulting in her program’s funding being cut. Jensen said she spent the next 14 months applying for over 70 jobs that she was well qualified for, but she only heard back from five.

“Every time I did get an interview, I got invited back,” Jensen said. “I just needed a chance to get in the room.”