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The Colorado Anti‑Discrimination Act (CADA), C.R.S. §24-34-401 et seq., applies to employers with one or more employees, so every public and private employer in Colorado is covered — against a federal ADA threshold of 15. “Disability” means a physical or mental impairment that substantially limits one or more major life activities, a record of such impairment, or being regarded as having one.
Colorado’s Pregnant Workers Fairness Act (HB 16-1438, effective August 10, 2016), codified at C.R.S. §24-34-402.3, applies the same all-employer coverage to health conditions related to pregnancy or the physical recovery from childbirth.
Employers must provide reasonable accommodations to qualified employees or applicants with disabilities under C.R.S. §24-34-402 unless doing so would impose an undue hardship, judged on business size, cost, and operational impact.
The POWR Act (SB23-172), effective August 7, 2023, narrowed the employer’s safe harbor: the former requirement that a disability have “a significant impact on the job” before adverse action was removed, and an employer must now show both that no reasonable accommodation would let the individual satisfy the essential functions of the job and that the disability actually disqualifies them from it.
The Act also replaced the “severe or pervasive” harassment standard, added marital status as a protected class, and requires employers to keep personnel records for five years and maintain a designated repository of discrimination complaints.
For pregnancy and childbirth recovery, the statute lists accommodations including:
An employer may not require an employee to take leave if another reasonable accommodation can be provided, and may not require an employee to accept an accommodation that was not requested or is unnecessary.
Colorado imposes affirmative notice duties under the Pregnant Workers Fairness Act. Employers must post a written notice of pregnancy-accommodation rights in a conspicuous place, and must provide written notice directly to new employees at the start of employment (existing employees were to receive it within 120 days of the 2016 effective date). The Colorado Civil Rights Division publishes a model notice.
On documentation, an employer may require a note from a health care provider stating the necessity of a pregnancy-related accommodation. For disability accommodation generally, documentation requests should be limited to what is relevant to the specific limitation and the requested adjustment. The statute expressly requires a timely, good-faith interactive process once the employer receives notice of a need, verbally or in writing; there is no fixed statutory deadline, but agency guidance expects prompt engagement.
Automated decision-making. Colorado’s 2024 AI Act (SB 24-205) never took effect.
On May 14, 2026, Governor Polis signed SB 26-189, which repealed it and enacted a narrower Automated Decision-Making Technology framework effective January 1, 2027. The new law drops the impact-assessment and risk-management program requirements and instead requires employers using ADMT in hiring, promotion, discipline or termination decisions to give advance notice, provide post-decision disclosures, offer meaningful human review, keep records, and obtain documentation from vendors.
Enforcement rests solely with the Attorney General, who will issue implementing rules; there is no private right of action.
Separately, Colorado’s FAMLI paid family and medical leave program has paid benefits since January 1, 2024, and added up to 12 additional weeks for NICU stays effective January 1, 2026. Leave under FAMLI runs alongside, not instead of, accommodation duties under CADA.
Charges are filed with the Colorado Civil Rights Division within 300 days of the alleged act. The Division investigates and attempts resolution through mediation or settlement; remedies can include back pay, reinstatement, provision of the denied accommodation, compensatory and punitive damages, and attorney fees. The POWR Act’s five-year record retention requirement and complaint repository are what an employer relies on to defend a claim, so gaps there are costly.
Managing accommodation requests under the Colorado Anti‑Discrimination Act can be tedious—multiple forms, interactive‑process deadlines, and cross‑department coordination all add complexity.
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This guide is provided for general informational purposes only and does not constitute legal advice. Employment laws change frequently and vary by jurisdiction. Consult qualified employment counsel before acting on any information here. Last reviewed: September 2026.
