Colorado Gov. John Hickenlooper signed legislation on June 1 that makes it an unfair employment practice if an employer fails to provide reasonable accommodations to a pregnant job applicant or an employee for conditions related to pregnancy or childbirth. The law is effective on Wednesday, August 10, 2016. This new provision within the Colorado Anti-Discrimination Act (CADA) will require employers to provide reasonable accommodations to pregnant job applicants, or be subject to discrimination claims if the employer does not provide reasonable accommodation or otherwise discriminates against a person making such a request.
The new law (House Bill 16-1438) protects individuals with "conditions related to pregnancy, childbirth, or a related condition" without requiring that the conditions be disabling. Employers are required to engage in timely, good-faith discussions to determine effective, reasonable accommodations and accommodate the individual unless the accommodation would impose an undue hardship to the employer.
Reasonable accommodation includes:
The new law applies to employers with one or more employees, which pretty much covers every employer in Colorado. The bill prohibits an employer from taking adverse action against an employee who requests or uses a pregnancy accommodation. Employers are required to give new employees hired on or after August 10 notice of their rights under this provision of CADA at the start of employment. Current employees must receive written notice of this new law by December 8, 2016 and post a notice on the bulletin board where similar labor posters are located.
Use the following suggested verbiage to update your Labor Posters and to inform new hires regarding the new law.
TO: All Team Members
RE: Reasonable Accommodation for Pregnant Workers
EFFECTIVE AUGUST 10, 2016
Please review the attached information on Colorado's new law that requires reasonable accommodation for all pregnant team members, including new hires. Our company (insert name) is in full compliance with this law and will work closely with each individual to provide a safe, welcoming work environment and comply with reasonable accommodation requests related to their pregnancy. Please sign this memo below to confirm you have read the attached notice and return your signed memo to (insert name). All new hires on or after August 10, 2016 will be informed of this new law as part of our New Hire Orientation program. This new law is required to be posted on our labor poster bulletin board located in the break room. We will be ordering new labor posters for January 1, 2017 that will include this law. In the meantime, this memo will be posted on the bulletin board to comply with the law. Please see (insert name) if you have any questions.
Click here to download a Word Doc of the form
If you have questions regarding this new posting requirement, contact Nick Hoover.