Colorado Mandatory Pregnant Workers Fairness Act Poster Released

This year, Colorado enacted the Pregnant Workers Fairness Act (PWFA) and with it expanded its anti-discrimination in employment law to include discrimination based on pregnancy and related medical conditions. State law not only protects pregnant job applicants and employees from discrimination in the terms and conditions of employment, but the PWFA additionally requires employers to make reasonable accommodations for pregnancy for applicants and employees.

As described in a previous blog, the PWFA requires an employer and a pregnant worker to engage in an interactive process to determine the type of accommodations that best suit the needs of a pregnant worker and her employer (i.e., more frequent brakes, acquisition or modification of equipment or seating, limitations on lifting, temporary transfer, light duty or a modified work schedule). The law does not require an employer to agree to an accommodation that would cause it undue hardship, such as hiring a replacement worker or an accommodation that is unreasonably expensive.

The new law has resulted in two changes to an employer’s posting responsibilities. First, the term “pregnancy” has been added to the list of protected categories on the state’s official Anti-discrimination posting. Second, the state has created the mandatory “Notice for Employers to Use in Order to be in Compliance with [the PWFA].” The PWFA Notice posting describes the requirements of the PWFA, lists examples of possible reasonable accommodations, explains undue hardship, and informs workers that adverse actions for requesting or using a reasonable accommodation are prohibited.

Colorado employers need to ensure they comply with both posting responsibilities. Call one of our friendly Compliance Advisors to see if you are in posting compliance. For recent purchasers of the Colorado All-On-One Poster, compliance is as simple as ordering the new Colorado Pregnant Workers Fairness Act Poster.