Effective June 30, 2026

Colorado AI Act (SB24-205)

Complete guide to the Colorado Artificial Intelligence Act for employers using high-risk AI systems in employment decisions.

DB
Devyn Bartell
Founder & CEO, EmployArmor
Published February 20, 2025
Effective Date
June 30, 2026
Who's Covered
High-risk AI deployers
Penalties
Up to $20,000/violation
Enforcement
CO Attorney General

What You Need to Know

Overview

The Colorado AI Act is one of the most comprehensive AI regulations in the United States. It requires businesses using "high-risk AI systems" to implement risk management programs, conduct impact assessments, and provide extensive consumer notifications.

What is a "High-Risk AI System"?

Any AI system that makes or is a "substantial factor" in making a "consequential decision." In employment, this includes decisions about:

  • Hiring and recruiting
  • Promotions and demotions
  • Termination
  • Compensation
  • Work assignments
  • Performance evaluation

Key Requirements

  • Reasonable Care Standard: Use reasonable care to protect consumers from algorithmic discrimination
  • Risk Management Program: Implement programs aligned with NIST AI Risk Management Framework
  • Impact Assessments: Complete annually or within 90 days of substantial modification
  • Consumer Notifications: Notify before making consequential decisions using AI
  • Adverse Decision Requirements: Provide statement of reasons, opportunity to correct data, and appeal with human review

Small Business Exemption

Businesses with fewer than 50 full-time employees may qualify for a limited exemption if they:

  • Do not use their own data to train AI systems
  • Use AI systems only as intended by the developer
  • Make available the developer's impact assessment

Note: Even small businesses must still notify consumers of AI use.

Impact Assessment Requirements

Impact assessments must be completed annually and include:

Purpose and intended use cases of the AI system
Analysis of whether the system poses algorithmic discrimination risk
Categories of data processed as inputs
Outputs generated by the system
How outputs are used in decisions
Safeguards to address discrimination risks
How the system is evaluated for performance
Transparency measures for affected individuals

Penalties for Non-Compliance

Up to $20,000 Per Violation

Violations are treated as unfair or deceptive trade practices under Colorado law. The Attorney General has exclusive enforcement authority.

  • $20,000 maximum per violation
  • Each affected consumer may constitute a separate violation
  • No private right of action (individuals cannot sue directly)
  • Injunctive relief may be sought

Affirmative Defense Available

Businesses may have a defense if they discover and cure violations through internal review or external feedback AND comply with recognized frameworks like NIST AI RMF or ISO/IEC 42001.

How EmployArmor Helps

Impact Assessment Generator

Create Colorado-compliant impact assessments with our guided workflow and templates.

Risk Management Documentation

Document your risk management program with NIST AI RMF-aligned templates.

Consumer Notification Templates

Generate compliant notification language for candidates and employees.

Adverse Decision Process

Set up compliant workflows for appeals and human review of AI decisions.

Get Compliant Today

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Get Ahead of the June Deadline

Colorado's requirements are extensive. Start your compliance journey today.

Disclaimer: This content is for informational purposes only and does not constitute legal advice. Employment laws vary by jurisdiction and change frequently. Consult a qualified employment attorney for guidance specific to your situation. EmployArmor provides compliance tools and resources but is not a law firm.