Colorado Notice of Pregnancy Accommodations Mandatory

NOTICE FOR EMPLOYERS TO USE  
IN ORDER TO BE IN C OMPLIANCE WITH HB 16 -1438  
(PREGNANCY ACCOMMODATIONS) : 	
 
PREGNANT WORKERS FAIRNESS ACT  
C.R.S.  § 24- 34-402.3 
 
The Pregnant Workers Fairness Act makes it a discriminatory or unfair employment 
practice if an employer fails to provide reasonable accommodation s to an applicant or 
employee  who is pregnant, physically recovering from childbirth, or a related 
condition.  
 
Requirements:  
 
Under the Act, if an applicant or employee who is pregnant or has a condition related 
to pregnancy or childbirth requests an accommodation, an employer must engage in 
the interactive process with the applicant or employee and prov ide a reasonable 
accommodation  to perform the essential functions of the applicant or employee’s job 
unl ess the accommodation would impose an undue hardship on the employer’s 
business.     
 
The Act identifies reasonable accommodations as including, but not limited to:   
•  provision of more frequent or longer break periods;  
•  more frequent restroom, food, and wate r breaks;  
•  acquisition or modification of equipment or seating;   
•  limitations on lifting;   
•  temporary transfer to a less strenuous or hazardous position if available, with 
return to the current position after pregnancy;   
•  job restructuring;   
•  light duty, if av ailable;  
•  assistance with manual labor; or modified work schedule.  
The Act prohibits requiring an applicant or employee to accept an accommodation 
that the applicant or employee has not requested or an accommodation that is 
unnecessary for the applicant or  the employee to perform the essential functions of 
the job.

Scope of accommodations required:  
 
An accommodation  may not be deemed reasonable if the employer has to hire new 
employees that the employer would not have otherwise hired, discharge an emplo yee, 
transfer another employee with more seniority, promote another employee who is not   
qualified to perform the new job, create a new position for the employee, or provide 
the employee paid leave beyond wh at is provided to similarly situated employees.   
 
Under the Act, a reasonable accommodation must not pose an “undu e hardship” on 
the employer.  Undue hardship  refers to an action requiring significant difficulty or   
expense to the employer.  The following factors are considered i n determining 
whether the re is undue hardship to the employer:   
 
• the  nature and cost of accommodation;  
•  the  overall financial resources of the employer;  
•  the  overall size of the employer’s business;  
•  the accommodation’s effect on expenses and resources or its effect upon the 
operations of the employer;  
If the employer has  provided a similar accommodation to other classes of employees, 
the Act provides that there is a rebuttable presumption that the accommodation does 
not impos e an undue hardship.  
Adverse action p rohibited: 
The Act pro hibits an employer from taking adverse action against an employee who 
requests or uses a reasonable accommodation  and from denying employment 
opportunities to an applicant or employee based on the need to make a reasonable 
accommodation.   
Notice : 
This  written notice must be posted in a conspicuous area of the workplace.  
Employers must also provide written notice to new emplo yees at the start of 
employment  and to current employees within 120 days of the Act’s August 10, 2016 
effective date.