['Discrimination']
['Pregnancy Discrimination']
07/16/2024
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Summary of differences between federal and state regulations
Employer defined
"Employer" means the state of Colorado or any political subdivision, commission, department, institution, or school district thereof, and every other person employing persons within the state. It does not mean religious organizations or associations, except those supported in whole or in part by money raised by taxation or public borrowing.
Unlawful employment practices
The unlawful employment practices, as well as the exemptions, are similar to those covered by the federal Pregnancy Discrimination Act. A written or unwritten employment policy or practice which excludes applicants or employees because of pregnancy is prima facie discrimination.
Disabilities caused or contributed to by pregnancy, miscarriage, abortion, childbirth, and recovery, are for all job related purposes, temporary disabilities and should be treated as such under any health or temporary disability insurance or sick leave plan available in connection with employment.
Written or unwritten employment policies and practices involving matters such as the commencement and duration of leave, the availability of extensions, the accrual of seniority and other benefits and privileges, reinstatement, and payment under any health or temporary disability insurance or sick leave plan, formal or informal, must be applied to disability due to pregnancy or childbirth on the same terms and conditions as they are applied to other temporary disabilities.
Where the termination of an employee who is temporarily disabled is caused by an employment policy under which insufficient or no leave is available, such termination is discriminatory if it has a disparate impact on employees of one sex and is not justified by business necessity.
Posting
Every covered employer and entity must post a notice furnished by the Colorado Civil Rights Commission which contains the provisions of Colorado Revised Statutes, Title 24, Article 34, Parts 3 through 7.
Employers and employment agencies must post notices conspicuously in easily accessible and well-lighted places customarily frequented by employees and applicants for employment, and at or near each location where employees' services are performed.
Labor organizations must post notices conspicuously in easily accessible and well-lighted places customarily frequented by members and applicants for membership.
Places of public accommodation, amusement and resort, must post notices conspicuously in easily accessible and well-lighted places customarily frequented by people seeking accommodation, amusement, recreation, or other services offered to the general public.
Real estate brokers or agents, home builders, home mortgage lenders and all other persons who transfer, rent, or finance real estate must obtain one or more printed nondiscrimination notices and post them in all places where real estate transfers, rentals and loans are executed. The notices must be posted and maintained in conspicuous, well-lighted and easily accessible places ordinarily frequented by prospective buyers, renters, borrowers, and the general public.
Pregnancy accommodations
Effective 8/10/16, employers must provide reasonable accommodations to applicants or employees for health conditions related to pregnancy or recovery from childbirth. The employee or applicant need not be disabled by pregnancy/childbirth to be protected.
If an applicant/employee requests an accommodation, you are to engage in an interactive process with her to determine accommodations. You may not require an employee to take leave if another accommodation would be effective.
You may require an employee to provide a doctor’s note supporting the need for an accommodation.
Employers need not provide an accommodation that would pose an undue hardship. Accommodations include but are not limited to:
- More frequent or longer breaks,
- Providing or modifying equipment or seating,
- Lifting limits,
- Temporary transfer to a less str4enuous or hazardous position,
- Job restructuring,
- Light duty,
- Help with manual labor, or
- Modified work schedules.
You must provide written notice of these rights to new employees when they begin employment, and existing employees by 12/8/16. You must also post a notice regarding these rights in an accessible area.
State
Contact
Colorado Civil Rights Division
Regulations
Colorado Revised Statutes Title 24, Article 34
www.lexisnexis.com/hottopics/michie/
Part 3: Colorado Civil Rights
www.lexisnexis.com/hottopics/michie/
Part 4: Employment Practices
www.lexisnexis.com/hottopics/michie/
Rules prohibiting discrimination on account of mental and physical disability: Rule 60.1
www.lexisnexis.com/hottopics/michie/
Work place harassment: Rule 85.0
www.lexisnexis.com/hottopics/michie/
Federal
Contact
Equal Employment Opportunity Commission (EEOC)
Regulations
Pregnancy Discrimination Act, Public Law 95-555, 92 Stat. 2076 (1978)
29 CFR Parts 1604.10, Employment policies relating to pregnancy and childbirth.
Appendix A to Part 1604, Questions and Answers on the Pregnancy Discrimination Act, Public Law 95-555, 92 Stat. 2076 (1978)
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Copyright 2024 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.