Governor Polis signed the Veterans’ Preference Hiring Bill

On June 23, 2021, Governor Polis signed the Veterans’ Preference Hiring Bill (HB 21-1065) which permits, but does not require, private employers to give preference in hiring to the following categories of individuals provided that the individual is at least as qualified as all other applicants: 1) a veteran of the armed forces; 2) a member of the military reserves; 3) a veteran of the National Guard and 4) the spouse of a service member killed in the line of duty. Under the law, which took effect on or about September 7, 2021, a private employer may adopt and apply a veterans’ preference hiring policy provided that the employer applies the policy uniformly to all hiring decisions; requires a veteran to provide proof of service via a copy of discharge documentation; requires that the spouse of a service member killed in the line of duty furnish proof of marriage, discharge documentation and death certificate and is in writing and implemented at least 14 days before it is applied to any new job posting or new hiring decision. An employer’s adoption and application of a veterans’ preference hiring policy in accordance with the law creates a rebuttable presumption that the policy is not discriminatory or an unfair labor practice. Finally, the law provides that an employer may advertise for and actively recruit veterans to apply for employment regardless of whether the employer adopts a veterans’ preference hiring policy.