3 Colo. Code Regs. § 708-1-80.6

Current through Register Vol. 47, No. 22, November 25, 2024

Rule 3 CCR 708-1-80.6 - Pregnancy, childbirth, and related conditions

(A) In relation to pregnancy, childbirth, and related conditions, employers shall:

(1) Provide reasonable accommodations to perform the essential functions of the job to an applicant or employee, if the applicant or employee requests such accommodation. The employer need not provide the requested accommodation if it would impose an undue hardship on the employer's business.

a. After an employee or applicant has made a request for a reasonable accommodation, the employer and employee shall engage in a timely, good-faith, and interactive process to determine the reasonable accommodation for the requestor's pregnancy, childbirth, or related condition.

b. An employer may request the employee or applicant requesting an accommodation provide a note stating the necessity of the accommodation from a licensed health care provider before providing the accommodation.

c. Reasonable accommodations may include, but are not limited to;

(1) the provision of more frequent or longer break periods;

(2) more frequent restroom, food, and water breaks;

(3) the acquisition or modification of equipment or seating;

(4) providing time off for prenatal medical appointments or visits to a health care provider;

(5) modifying a no-food-or-drink policy if a pregnant employee has limitation that requires her to drink more water or eat more frequently than normal;

(6) providing time off to physically recover from childbirth;

(7) reassigning specific job duties - such as those involving heavy lifting, climbing ladders, and/or repetitive bending;

(8) providing a stool or other seating if a pregnant employee whose job ordinarily requires her to stand has a limitation in her ability to stand;

(9) limitations on lifting, both in frequency and weight; and

(10) temporary transfer to a different position.

d. An employer may deny a request for a reasonable accommodation request if it imposes an undue hardship. The following factors may be considered when determining whether a requested reasonable accommodation would result in significant difficulty or expense:

(1) the nature and cost of the accommodation;

(2) the overall financial resources of the employer;

(3) the overall size of the employer's business with respect to the number of employees and the number, type, and location of the available facilities; and

(4) the accommodation's effect on expenses and resources or its effect upon the operations of the employer.

e. If an employer provides, or would be required to provide, a similar accommodation to other classes of employees, it will create a rebuttable presumption that the accommodation does not impose an undue hardship.

(2) Not take adverse action or retaliate against an employee who requests or uses a reasonable accommodation.

(3) Not deny employment opportunities to an applicant or employee.

(4) Not require an employee to take leave if the employer can provide a different reasonable accommodation.

(B) An employer shall post notice of an employee's right to be free from discriminatory or unfair employment practices and their entitlement to reasonable accommodations because of pregnancy, childbirth, and related conditions. Such posting shall be made in a conspicuous place in the employer's place of business in an area accessible to employees.

3 CCR 708-1-80.6

37 CR 22, November 25, 2014, effective 12/15/2014

43 CR 12, June 25, 2020, effective 7/15/2020

45 CR 01, January 10, 2022, effective 1/30/2022

46 CR 04, February 25, 2023, effective 3/30/2023

46 CR 23, December 10, 2023, effective 12/30/2023