A new Colorado law requires employers to provide reasonable accommodations when employees are pregnant and/or have children. Specifically, the bill requires accommodation for "health conditions related to pregnancy, childbirth, or a related condition," unless the accommodation would impose an "undue hardship" on the employer's business.

Employer Obligations

Accommodations are only required upon the employee or applicant's request.  When an applicant or employee requests an accommodation, the employer must "engage in a timely, good-faith, and interactive process" to find a reasonable accommodation.  Employers may require that a healthcare provider certify that the accommodation is necessary.   

"Reasonable accommodations" may include:

  • Break periods
  • Restroom, food, and water breaks
  • Acquisition or modification of equipment or seating
  • Lifting limitations
  • Temporary transfer, with return to the current position after pregnancy
  • Job restructuring/light duty/assistance with manual labor
  • Modified work schedules, so long as the employer is not required to: hire new employees that the employer would not otherwise have hired; discharge an employee, transfer another employee with more seniority, or promote another employee who is not qualified to perform the new job; create a new position, including a light duty position for the employee, unless a light duty position would be provided for another equivalent employee; or provide the employee paid leave beyond that which is provided to similarly situated employees

"Undue hardship" means "an action requiring significant difficulty or expense to the employer." There are a number of factors to take into account when determining whether undue hardship exists, including:

  • Nature and cost of the accommodation
  • Employer's overall financial resources
  • Overall size of the employer's business
  • The accommodation's effect on expenses and resources or on the employer's operations

Prohibitions on Employers

Employers are prohibited from taking adverse actions against employees or denying employment opportunities to applicants or employees due to a request for a reasonable accommodation for childbirth or physical recovery from childbirth or a related condition.

Employers cannot force an employee or applicant to accept unrequested accommodations.  Employers may not mandate leave as a reasonable accommodation where the employer could provide another reasonable accommodation.

Notification Requirements

The law requires employers to notify current employees of their rights in writing by December 8, 2016. 

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.