NOTICE FOR EMPLOYERS TO USE IN ORDER TO BE IN COMPLIANCE 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 accommodations 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 provide a reasonable accommodation to perform the essential functions of the applicant or employee’s job unless 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 water 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 available; • 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.
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