The Colorado legislative session wrapped up on Wednesday, May 11, and as expected, the vast majority of labor and employment bills failed to pass into law. However, employers are likely to have two new obligations to their employees as a result of two bills that passed and are awaiting Governor Hickenlooper's signature.

Employers will be required to provide reasonable accommodation for an employee who has restrictions and limitations due to pregnancy, even if the employee does not have a condition that meets the definition of “disability.” Failure to do so would constitute an unfair labor practice under the Colorado Antidiscrimination Act. House Bill 1438 establishes an interactive process similar to that used in disability cases for the reasonable accommodation of pregnant employees. Employers are permitted to request a doctor’s certification for any requested accommodation, and the bill provides for an undue hardship defense to an otherwise reasonable accommodation. Employers have to provide notice to new employees of their rights under the law at the time of hire, provide notice to existing employees within 120 days of the bill’s effective date, and post a notice of employees’ rights. If signed into law, the law would go into effect on August 10, 2016.

Beginning January 1, 2017, employers also have a new obligation to grant employees access to their personnel files. An employee has a right to inspect and obtain a copy of his or her personnel file once per year and once after termination of employment. The employer can require that the review take place in the employer’s office in the presence of a management representative and that the employee pay the reasonable cost of any copies. “Personnel file” includes documents that are used or have been used to determine qualifications for employment, promotion, additional compensation, or employment termination or discipline. Employers should be aware that the bill defines to “personnel file” to include not just documents actually in the file, but also documents that meet the definition that the employer can collect through reasonable efforts. The definition of personnel file does not encompass medical information that must be maintained in separate files, confidential job references, active criminal investigations, active disciplinary investigations, or active regulatory investigations. Employers also may withhold the identity of any person who made a confidential accusation against the employee.

Bills that were introduced but not passed include:

• “Ban the box” prohibition on early inquiry into criminal background of job applicants
• Repeal of Colorado’s employment verification requirement
• Paid sick leave
• Parental leave for academic activities
• Deadly physical force by a place of business
• Clarification of the definition of “employer” to address franchise issues
• Prohibition on asking for salary history of job applicant
• Attempt to repeal expanded damages under the Colorado Antidiscrimination Act

Many of these bills, or versions of them, have been introduced in the past and are likely to be introduced again in future legislative sessions.