Sunday, 28 August 2016 17:57
Colorado Pregnant Workers Fairness Act Went into Effect August 10th
Written by Scott NitowskiOn June 1, 2016, Colorado Governor John Hickenlooper signed the Colorado Pregnant Workers Fairness Act. This new provision provides clear standards that employers should follow when employing pregnant workers, as well as a new notice requirement.
Effective August 10, 2016, Colorado employers of all sizes will commit an unfair employment practice if they fail to provide reasonable accommodations for an employee, or an applicant for employment, for health conditions related to pregnancy or physical recovery from childbirth, absent an undue hardship.
Examples of reasonable accommodations include but are not limited to:
- More frequent or longer breaks
- Easier access to water
- Modified work schedules
- Assistance with manual labor
- Alternate seating arrangement while on the job
- Temporary transfer to a less strenuous or hazardous position, if available (with return to the current position after pregnancy)
- Job restructuring
The new law extends protections beyond those in the Colorado Anti-Discrimination Act, Title VII of the Civil Rights Act of 1964, the Pregnancy Discrimination Act of 1978, and the Americans with Disabilities Act.
Posting and Notification Requirements
The new law requires Colorado Employers to notify all employees with at least one employee by December 8, 2016 (120 days from the effective date). Employers must provide written notice of their rights under this provision, to current employees and also every new hire at the start of their employment. We recommend that a notice be sent out to all employees as soon as possible, and that the new notice be included in your new hire packets. Also, a written notice of rights must be posted in a conspicuous place in an area accessible to employees at the employer’s business.
Suggested notice in English/Spanish and the House Bill (16-1438) from the Colorado Civil Rights Division.
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