The Colorado Anti-Discrimination Act prohibits employment practices that discriminate on the basis of sex, including discrimination on the basis of pregnancy, childbirth, and related medical conditions (CO Rev. Stat. Sec. 24-34-402). The Act covers all employers, regardless of size.
Effective August 10, 2016, state law requires employers to engage in an interactive process to assess potential reasonable accommodations for applicants and employees for conditions related to pregnancy and childbirth (CO Rev. Stat. Ann. Sec. 24-34-402.3). Failure to do so will constitute a violation of the state Anti-Discrimination Act.
As with other forms of reasonable accommodation, the employer will be required to accommodate the employee, absent an undue hardship on the employer’s business. Undue hardship requires significant difficulty or expense, which can be determined by examining the nature and cost of the accommodation; the overall financial resources of the employer; 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 the accommodation’s effect on expenses and resources or its impact on the operations of the employer.
Discrimination prohibited. Employers are also prohibited from denying employment opportunities based on the need to make a pregnancy-related reasonable accommodation or from taking adverse action against an employee or applicant who requests reasonable accommodation. An “adverse action” is defined as “an action where a reasonable employee would have found the action materially adverse, such that it might have dissuaded a reasonable worker from making or ...