Federal employment law is about to give birth to some long-overdue requirements. As of June 27, 2023, employers with 15 or more employees must provide pregnancy-related accommodations to employees and applicants under the federal Pregnant Workers Fairness Act (PWFA). Below we’ll refer to employees and applicants collectively as “employees.”
Under the PWFA, employees are entitled to accommodations for a condition related to or affected by pregnancy, childbirth, or a related medical condition. The condition can be physical or mental. Pregnancy-related conditions include, among others, morning sickness, gestational diabetes, post-partum depression, and lactation.
This law expands employer obligations beyond what is already required by the Americans with Disabilities Act (ADA) in that being entitled to a pregnancy-related accommodation does not require that the employee’s condition rise to the level of disability. Also, employees are entitled to accommodations even if they can’t perform their essential job functions on a temporary basis.
Possible accommodations include but aren’t limited to:
Employers can’t require an employee to take leave if a reasonable on-the-job accommodation is available. Like the ADA, the employer and employee should engage in the interactive process to determine what reasonable accommodations can be provided. However, if the employer is willing to grant the employee’s request, the interactive process is not required.
Note that many states have already implemented pregnancy accommodation laws, some of which may be more generous than the PWFA. Employers need to apply the law—or the aspect of each law—that is most favorable to employees.
Employers don’t have to provide an accommodation if doing so would cause an undue hardship on the operation of the employer’s business. Undue hardship is defined as “an action requiring significant difficulty or expense,” the same as under the ADA. This is a high standard for employers to meet.
On June 27, 2023, the Equal Employment Opportunity Commission (EEOC) released the following resources to accompany the Pregnant Workers Fairness Act (PWFA), which took effect on the same day:
The PWFA requires covered employers—those with 15 or more employees—to provide reasonable accommodations to a worker’s known limitations related to pregnancy, childbirth, or related medical conditions, unless it will cause the employer an undue hardship.
As artificial intelligence (AI) technology continues to advance, employers are increasingly exploring its potential to enhance productivity, efficiency, and decision-making in the workplace. While this technology presents opportunities for employers, it has limitations and exposures that must be considered. Implementing AI systems and tools requires careful consideration to ensure an organization’s responsible and ethical use.
This checklist aims to assist employers in establishing and maintaining AI systems and tools in the workplace. It’s intended to be used as a guide, so it doesn’t include every step or consideration, and not all of the following steps are necessary to establish and maintain AI systems in the workplace. Since AI in the workplace requires employers to navigate a complex web of legal, operational, and other considerations, employers are encouraged to seek legal counsel and other industry experts to address specific issues and concerns. This checklist is merely a guideline. It is neither meant to be exhaustive nor meant to be construed as legal advice. It does not address all potential compliance issues with federal, state, or local standards.
Define clear goals, objectives and outcomes for implementing AI in the workplace.
☐ Yes
☐ No
☐ N/A
Determine whether AI is the best solution to meet the organization’s goals, objectives and outcomes.
☐ Yes
☐ No
☐ N/A
Identify potential risks and unintended consequences of implementing AI systems.
☐ Yes
☐ No
☐ N/A
Consider the organization’s return on investment for implementing AI technology.
☐ Yes
☐ No
☐ N/A
Assess the compatibility of AI systems and tools with the organization’s existing technology systems.
☐ Yes
☐ No
☐ N/A
Consult with experts to help the organization understand AI system options, potential issues and long-term benefits.
☐ Yes
☐ No
☐ N/A
Gather data that will be used for AI systems, models, and tools.
☐ Yes
☐ No
☐ N/A
Assess data that will be used to train AI algorithms to ensure it is accurate, reliable and representative of diverse populations to avoid perpetuating biases or discriminatory outcomes.
☐ Yes
☐ No
☐ N/A
If using a vendor to implement AI systems and tools, ask how the vendor tests or validates their datasets and algorithms. This is essential because organizations may be held responsible for AI decision-making tools that discriminate on a prohibited basis protected by anti-discrimination laws even when those tools are developed by a vendor.
☐ Yes
☐ No
☐ N/A
Ensure AI systems are transparent and provide understandable explanations for their decisions or recommendations.
☐ Yes
☐ No
☐ N/A
Implement mechanisms and controls to prevent biases and discriminatory outcomes and ensure fairness.
☐ Yes
☐ No
☐ N/A
Safeguard sensitive employee data by implementing security measures.
☐ Yes
☐ No
☐ N/A
Obtain employee consent before collecting and processing employee personal data, if required.
☐ Yes
☐ No
☐ N/A
Determine whether the organization’s AI systems and tools conform to established or legally required accessibility standards.
☐ Yes
☐ No
☐ N/A
Decide what methods will be used to sort data or information generated by AI systems and tools, ensuring they conform to all applicable legal standards.
☐ Yes
☐ No
☐ N/A
Designate individuals to be responsible for all AI-related decisions and outcomes.
☐ Yes
☐ No
☐ N/A
Establish a plan to address any misuse or abuse of AI systems.
☐ Yes
☐ No
☐ N/A
Implement cybersecurity measures to safeguard AI systems.
☐ Yes
☐ No
☐ N/A
Establish systems and processes to regularly monitor and audit the organization’s AI systems to identify and address potential biases and discriminatory outcomes.
☐ Yes
☐ No
☐ N/A
Ensure humans are involved in auditing AI systems and processes as they evolve.
☐ Yes
☐ No
☐ N/A
Monitor and evaluate the performance and impact of AI systems and tools to ensure they align with the intended objectives.
☐ Yes
☐ No
☐ N/A
Measure results, decisions and outcomes of the organization’s AI systems.
☐ Yes
☐ No
☐ N/A
Ensure compliance with relevant data protection regulations and employment laws.
☐ Yes
☐ No
☐ N/A
Train employees regarding AI systems and their capabilities, including any workplace policies related to AI use.
☐ Yes
☐ No
☐ N/A
Assess AI’s impact on the workplace, including identifying areas where AI can automate tasks so employees can focus on more strategic work.
☐ Yes
☐ No
☐ N/A
Implement training programs to upskill and reskill employees so they can be successful in an AI-driven workplace.
☐ Yes
☐ No
☐ N/A
Regularly review and update AI systems and models to adapt to changing business needs and technological advancements.
☐ Yes
☐ No
☐ N/A
Implement a system for stakeholder and employee feedback.
☐ Yes
☐ No
☐ N/A
Measure results, decisions and outcomes of the organization’s AI systems.
☐ Yes
☐ No
☐ N/A
Ensure compliance with relevant data protection regulations and employment laws.
☐ Yes
☐ No
☐ N/A
Train employees regarding AI systems and their capabilities, including any workplace policies related to AI use.
☐ Yes
☐ No
☐ N/A
Assess AI’s impact on the workplace, including identifying areas where AI can automate tasks so employees can focus on more strategic work.
☐ Yes
☐ No
☐ N/A
Implement training programs to upskill and reskill employees so they can be successful in an AI-driven workplace.
☐ Yes
☐ No
☐ N/A
Regularly review and update AI systems and models to adapt to changing business needs and technological advancements.
☐ Yes
☐ No
☐ N/A
Implement a system for stakeholder and employee feedback.
☐ Yes
☐ No
☐ N/A
Effective August 8, 2023, the Colorado Protecting Opportunities and Workers’ Rights Act (POWRA) amends the state’s Anti- Discrimination Act by:
The legislation also conveyed the state’s public policy as encouraging:
Attempts to interfere with employees’ ability to communicate about and report alleged discriminatory or unfair employment practices are contrary to this public policy.
(CO SB 172 was signed by the governor June 6, 2023)
Effective January 1, 2024, under the Colorado Equal Pay for Equal Work Act (EPEWA), employers must make reasonable efforts to notify all employees of each job opportunity, which is a job vacancy that the employer is accepting applications for and externally posting. This notification should happen on the same day for all employees, prior to the employer’s selection decision, and must include:
Note: Employers wholly out of state, with fewer than 15 employees in Colorado who are all remote, are only required to notify about remote job opportunities through July 1, 2029.
Within 30 days of selecting a candidate, employers must provide their name, job title (former title if already an employee and new title otherwise), and how other employees can apply for a similar job in the future. For positions with career progression, employers must disclose the progression, pay, benefits, whether it’s a full- or part-time position, job duties, and access to further advancement. However, employers can’t identify a candidate in a way that violates their legal and privacy rights or puts them at risk.
(CO SB 105 was signed by the governor on June 5, 2023)
Effective August 7, 2023, employees can use paid sick leave for more than just their own or a family member’s illness or safety issues. Now, paid sick leave can be used to grieve the death of a family member (including related financial and legal matters), to care for a family member when their school or workplace closes (due to inclement weather, loss of power, etc.), or if they need to vacate their home (due to inclement weather, loss of power, etc.)
(CO SB 17 was signed by the governor on June 2, 2023)
Effective July 1, 2024, employers can’t ask or require applicants to provide their age, birthday, or school attendance or graduation dates on an initial job application. Employers can ask an applicant to verify their age when it’s required by law but not on an initial job application. Employers can also ask for additional application materials (certification, transcripts, etc.) but the applicant must be notified that they can remove information that identifies their age, birthday, or school-related dates.
(CO SB 58 was signed by the governor on June 2, 2023)
07/01 – 2022 EEO-1 Component 1 Data Collection Opening (all private sector employers with 100 or more employees, and federal contractors with 50 or more employees meeting certain criteria must submit)
07/31 – Form 5500 Filing Deadline (calendar year plans) 07/31 – Form 941 Filing Deadline (second quarter) 07/31 – PCORI Fee Deadline
08/01 – VETS-4212 Filing Open (federal contractors)
09/30 – Summary Annual Report (SAR) Deadline (calendar year plans)
09/30 – VETS-4212 Filing Deadline (federal contractors)
Lighthouse HR Support (LHRS) provides practical human resource information and guidance based upon our knowledge and experience in the industry and with our clients. LHRS services are not intended to be a substitute for legal advice. LHRS services are designed to provide general information to human resources and/or business professionals regarding human resource concerns commonly encountered. Given the changing nature of federal, state and local legislation and the changing nature of court decisions, LHRS cannot and will not guarantee that the information is completely current or accurate. LHRS services do not include or constitute legal, business, international, regulatory, insurance, tax or financial advice. Use of our services, whether by phone, email or in person shall indicate your acceptance of this knowledge.
