Bulletin – State Compliance: Colorado Passes Pregnancy Accommodation Act
Colorado Passes Pregnancy Accommodation Act
On June 1, 2016, Colorado Governor John Hickenlooper signed House Bill 1438, which calls for employers to provide reasonable accommodations to applicants for employment or employees for conditions related to pregnancy or childbirth. This law is due to become effective on August 10, 2016 and is applicable to all employers in Colorado, unless the accommodation would cause the employer undue hardship—which would take into account several factors, including:
- Employer’s overall financial resources
- Nature and cost of the accommodation,
- Overall size of the employer’s business, regarding the number of employees and the number and type of facilities
- Overall effect of the accommodation on expenses, resources, and operations
Employers are required to provide newly hired employees with written notice of their right to be free of discriminatory or unfair employment practices under this law (at the time of passage, no mention of a model form being supplied by the Department of Labor was made). In addition, employers must provide notice to all current employees within 120 days of the effective date of the law, and post the required notice in a conspicuous place accessible to employees.
While no specific penalties are associated with the posting, it is important for employers to be mindful that the law states employers should not be held liable for punitive actions in a civil suit for failure to provide reasonable accommodation where the employer made a good faith effort to identify and accommodate affected employees. Providing the required notifications would be the first step in establishing that good faith effort.
Colorado joins the growing list of states requiring new hire notifications for pregnancy accommodation. Employers should check the state landscape on a regular basis so they are in compliance with new requirements across all locations in which they do business.
Equifax Workforce Solutions can help simplify compliance with required federal and state new hire notifications through Compliance Center, a streamlined, configurable technology portal that combines market-leading, innovative onboarding compliance solutions. Contact us to learn more about how Equifax Workforce Solutions can help you stay abreast and help manage compliance with state and federal notice requirements.
For more related information please visit our State Compliance Knowledge Center.