The Notice of Pregnancy Accommodations is a Colorado equal opportunity law poster provided for businesses by the Colorado Department Of Labor and Employment. This is a required poster for all Colorado employers, and any business that fails to post this notification may be subject to penalties or fines.
This poster describes the requirements imposed by the Pregnant Workers Fairness Act for protecting the rights of pregnant employees.
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.
