The Colorado Pregnant Workers Fairness Act Poster (or the “Notice for Employers to Use in Order to be in Compliance with HB 16-1438 [Pregnancy Accommodations]”) provides job applicants, employees and employers with information about the Act, which makes it unlawful for an employer to fail to provide reasonable accommodations to a pregnant job applicant or employee.
The law requires an employer to engage in an interactive process with a pregnant applicant or employee and to provide a reasonable accommodation to perform the essential functions of the job, unless it would create an undue hardship on the employer. The Colorado Pregnant Workers Fairness Act discusses the requirements of the Act, the scope of accommodations required, what constitutes an undue hardship, that adverse action is prohibited, and what the notice requirements of the Act are.
The Act went into effect on August 10, 2016.
All employers are required the Colorado Pregnant Workers Fairness Act Poster in a conspicuous place in the employer’s place of business in an area accessible to employees. (CRS §24-34-402.3) This requirement can be fulfilled by posting the Colorado All-On-One™ Labor Law Poster.
Employers can voluntarily post the Colorado Pregnant Workers Fairness Act Poster in an area where it will be visible to job applicants, to ensure that applicants are aware of their rights under the law.
“Employer” means the state of Colorado or any political subdivision, commission, department, institution, or school district thereof, and every other person employing persons within the state; but it does not mean religious organizations or associations, except such organizations or associations supported in whole or in part by money raised by taxation or public borrowing.