ICYMI: Bill to Protect Vulnerable Workers Passes Committee

DENVER, CO – The House Judiciary Committee yesterday passed legislation to prohibit employers from confiscating identification documents. HB26-1238 passed by a vote of 6-5

“We’re taking steps to protect vulnerable workers when they’re on the job,” said Rep. Naquetta Ricks, D-Aurora. “Without clear legal protections, employees fear retaliation or lack of recourse from their employer, especially if the employer threatens to turn their information over to federal agents. This bill strengthens protections for workers by prohibiting employers from confiscating personal documents and unlawfully sharing them with federal law enforcement agencies.” 

“From renting an apartment to accessing health care, you need your ID for just about everything,” said Rep. Junie Joseph, D-Boulder. “Employers cannot confiscate employees’ ID indefinitely or for unnecessarily long periods, and this bill establishes important protections for workers. Immigrant workers are often disproportionately impacted by personal document confiscation. No one should experience harassment or threats on the job, and this bill protects workers, especially if their employers threaten to report them to federal authorities.” 

HB26-1283 would prevent employers from seizing, demanding, confiscating, retaining or otherwise requiring an employee to surrender their government-issued identification card (ID) for more than a short period of time (up to ten hours), and except for lawful purposes like employment verification or when otherwise required by federal law. To enforce these provisions, the bill creates criminal penalties for unlawful confiscation and gives workers the opportunity to pursue civil action if their documents are unlawfully seized. 

This bill also strengthens protections for employees and protects them if their employer unlawfully turns over their ID to federal immigration enforcement authorities or threatens to do so. If an employer holds an employee’s ID or personal document with the intent of harassing or intimidating the employee, they could be charged with a bias-motivated crime. HB26-1238 helps protect immigrant communities, especially for workers employed in the service industry, hospitality, agriculture and construction. 

In recent years, Colorado Democrats have passed legislation to strengthen existing data privacy and protections guaranteed to all Coloradans, including SB25-276, which prohibits public employees from sharing personally-identifying information related to immigration status with federal immigration enforcement.