Colorado has enacted a new Pregnancy Accommodation Law prohibiting discrimination in employment based on pregnancy, childbirth, and related health conditions. The law also requires employers to provide reasonable accommodations to job applicants and employees affected by pregnancy-related conditions. An employer is not required to provide accommodations that would impose an undue hardship on the employer’s business.
If an applicant or employee requests an accommodation, the law requires the employer and the applicant or employee to “engage in a timely, good-faith, and interactive process” to determine effective, reasonable accommodations. “Reasonable accommodations” may include:
- more frequent or longer break periods
- more frequent restroom, food, and water breaks
- acquisition or modification of equipment or seating
- limitations on lifting
- temporary transfer to a less strenuous or hazardous position
- job restructuring
- light duty
- assistance with manual labor
- modified work schedules
In order to accommodate a pregnant employee, an employer is not required to:
- hire new employees
- change the status of other employees
- create a new position for the employee
- provide paid leave beyond that provided to a similarly-situated employee
An employer may require the employee or applicant to provide a note from a health care provider stating the need for a reasonable accommodation. The act also requires employers to provide written notice of rights under the law to new employees at the start of employment and to all existing employees no later than December 8, 2016. Employers must also post a notice of rights in the workplace. Compliance Poster Company will be updating Colorado labor law posters once the new posting is released.