Pregnancy Accommodation Policy and Procedures

A. Scope 

This policy applies to all University education programs and activities, including hiring and employment, admissions, and financial aid.  

B. Reason for Policy 

The University is committed to ensuring equal opportunity and access for all students, faculty, and staff who are pregnant or have a condition arising out of pregnancy, childbirth, or related conditions.  

C. Policy Statement 

The University strictly adheres to all applicable federal and state laws regarding pregnancy and related conditions. People who are pregnant should never be assumed to be unable to participate fully in the programs or activities at the university. Reasonable accommodations or modifications may be necessary. Failure to provide reasonable accommodations for pregnancy, childbirth, or related conditions, may violate the University’s Nondiscrimination Policy. The Nondiscrimination Policy, Title VII, and Title IX also prohibit discrimination and harassment based on pregnancy or related conditions.  

The policies and laws referred to above also prohibit retaliation because an individual has made a report, complaint, testified, assisted, or participated or refused to participate in any manner in an investigation or proceeding under the Nondiscrimination Policy, Title VII, or Title IX.  The Nondiscrimination Policy also prohibits retaliation against individuals who request pregnancy or pregnancy-related accommodation or submit a good-faith complaint alleging pregnancy discrimination.  

Employees and students who believe that they have been denied a reasonable accommodation or modification for pregnancy, retaliated against for making such a request, or otherwise subjected to pregnancy discrimination may file a complaint with the Institutional Equity & Compliance Office (“IEC”) in accordance with the Nondiscrimination Policy. Employees and students also may file a complaint with an external agency authorized to accept such complaints or pursue other remedies available to them under state or federal law. 

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D. Definitions  

      a. Essential Functions (employees): Fundamental duties of the job. 

      b. Essential Skills (students): Fundamental requirements of a course, degree, or program. 

      c. Pregnancy and Related Conditions (students or employees): Pregnancy, childbirth, termination of pregnancy, or lactation; medical conditions related to current, potential, or past pregnancy, childbirth, termination of pregnancy, or lactation; recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions. To be a related medication condition, the condition need not be caused solely, originally, or substantially by pregnancy or childbirth.  

      d. Known Limitation (employees): A physical or mental condition of an employee related to, affected by, or arising out of pregnancy and related conditions. A limitation may be a severe, modest, minor, and/or episodic impediment or problem. It may be a need or problem related to maintaining the employee's health or the health of the pregnancy and includes when an employee is seeking health care related to pregnancy, childbirth, or a related medical condition.  

      e. Qualified Employee (employees): An employee who, with or without reasonable accommodations, can perform the essential functions of the job; or an employee or job applicant who cannot perform one or more essential functions if: (i) the inability to perform any essential function(s) is temporary; (ii) the essential function(s) could be performed in the near future; and (iii) the inability to perform the essential function(s) can be reasonably accommodated. Depending on the specific circumstances, students may also be considered employees. If an employee enrolls in a course, they may also be entitled to reasonable modifications.  

      f. Reasonable Modifications (students): Individual modifications for current students to the University’s policies, practices, or procedures by which barriers to education are removed or alleviated. Reasonable modifications do not fundamentally alter the University’s education program or activity or essential skills. See Section F(a) below. Depending on the specific circumstances, students may also be considered employees.  In such circumstances, they may also be entitled to reasonable accommodations.  

      g. Reasonable Accommodations (employees): Modifications or adjustments to the job application process or work environment that enable a qualified employee to perform the essential functions of the job they hold or applied for, or the temporary suspension of essential function(s). It also includes modifications or adjustments that enable a qualified employee to enjoy equal benefits and privileges of employment as are enjoyed by other similarly situated employees without known limitations. See Section F(b) below.  

      h. Fundamental alteration: An adjustment that significantly changes the nature of a course or program or its essential requirements.  

      i. Undue Hardship: A significant difficulty or expense in the operation of the university. Undue hardship must be based on an individualized assessment of current circumstances showing that a specific reasonable accommodation would cause such difficulty or expense. The University must rely on objective information in making this determination, rather than potential or hypothetical hardship. Undue hardship will be assessed by IEC using the following non-exhaustive factors: 

• The length of time the employee will be unable to perform the essential function(s); 
• Whether there is work for the employee to accomplish; 
• The nature of the essential function(s), including its frequency; 
• Whether the employer has provided other employees in similar positions who are unable to perform the essential function(s) of their positions with temporary suspensions of those functions and other duties; 
• Whether there are other employees, temporary employees, or third parties who can perform or be temporarily hired to perform the essential function(s) in question; and 
• Whether the essential function(s) can be postponed or remain unperformed for any length of time, and if so, for how long. 

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E. Information to Provide Students 

When a student discloses their pregnancy or pregnancy-related conditions to any University employee, that employee is encouraged to provide the student with the following information: 

• The Title IX Coordinator’s contact information 
• Reasonable modifications are available to the student upon request to the Title IX Coordinator or to the instructors of the student’s impacted courses. 
• Information about requests for modifications is shared with others only to the extent necessary to provide the reasonable modifications. The information should be treated as private and not disclosed unless necessary.  

• Instructors and supervisors should not request medical documentation from any student without first consulting with IEC.  

  
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F. Reasonable Modification or Reasonable Accommodation 

Consideration of a request for a reasonable modification or accommodation requires an interactive process between the individual making the request and the University. The University will seek to implement preferred modifications or accommodations; however, if more than one reasonable alternative is available, the University is not required to accept the individual’s preferred modification or accommodation. Approved modifications or accommodations may not apply retroactively. Individuals are encouraged to make requests as soon as the need arises.  

     a. Reasonable Modifications (Students) 

Current students may seek a reasonable modification by contacting IEC or by asking their instructor or advisor.  Prospective students may seek a reasonable modification by contacting IEC or admissions staff. The University is not required to make a modification that would fundamentally alter the education program or activity. The University must only make such reasonable modifications as necessary to prevent sex discrimination and ensure equal access to the student’s education program or activity based on the student’s individual needs.  

Some examples of reasonable modifications under the policy may include: 

• Breaks during class  
• Access to private locations for lactation 
• Intermittent absences for medical appointments 
• Access to remote education 
• Changes in schedule or course sequence 
• Extensions for coursework and rescheduling of exams 
• Permitting sitting or standing and access to drinking water or food 
• Counseling 
• Modifications to physical space or supplies 
• Temporary leave  

The above is not an exhaustive list, and some examples might not be reasonable modifications in certain situations. Reasonable modifications are determined based on the individual’s needs and the nature of the activity the student is participating in.  

Students are permitted excused absences for as long as the student’s healthcare provider deems medically necessary for pregnancy and/or the birth, adoption, or placement of a child. If absences are deemed medically necessary, the student is encouraged to consult with IEC as soon as practical. After the conclusion of a student’s medically necessary absences, the student will be reinstated to the status the student held when the leave began.  The student will have a meaningful opportunity and reasonable time to make up any coursework or exams missed during the absence, including any missed participation points or credits.  

If a student has a pregnancy-related medical condition that qualifies as a disability, the student should contact Services for Students with Disabilities.  

     b. Reasonable Accommodations (Employees) 

Prospective or current employees may seek a reasonable accommodation by contacting IEC or by asking their supervisor directly. Supervisors are encouraged to contact IEC to discuss accommodations if guidance is needed. Accommodations are not required or permitted when the accommodation would cause an undue hardship, violate other laws, interfere with safety and security, or interfere with University operations. 

Depending on the nature of the employment, some examples of reasonable accommodations under this policy may include: 

• Additional, longer, or more flexible breaks to drink water, eat, rest, or use the bathroom 
• Changing food/drink policies to allow for a water bottle or food 
• Changing equipment, devices, or workstations 
• Changing a uniform or dress code, or providing safety equipment that fits 
• Breaks for lactation 
• Access to private locations for lactation 
• Job restructuring 
• Modified work schedule 
• Alternative Worksite Arrangements 
• Temporary reassignment 
• Changes to physical space or supplies 
• Parking accommodations, if the employee is otherwise entitled to use employer-provided parking 
• Temporary leave  
• Temporary suspension of one or more essential functions of a job 

The examples above are not an exhaustive list, and some examples might not be reasonable accommodations in certain situations. Reasonable accommodations are determined using an interactive process.  

If an employee has a pregnancy-related medical condition that qualifies as a disability, the employee should contact Faculty and Staff Disability Services.  

     c. Medical Documentation  

             i.Students   

 Medical Documentation should not be requested prior to consulting IEC and is not generally required of students requesting a modification when: 

• The need for the modification is obvious; 
• The medical documentation is only to confirm pregnancy; 
• Other students are provided the same modification without medical documentation; 
• The modification is for a student experiencing pregnancy or related conditions to: 
  • Carry water or keep water nearby; 
  • Take breaks to eat, drink, or use the restroom; 
  • Access a bigger desk; 
  • Sit or stand;  
  • Access lactation breaks and space. 

Students may be required to provide medical documentation when seeking a reasonable modification when medical documentation is necessary for the University to determine what actions to take under the circumstances.  

• For example, if all students are required to provide medical documentation to excuse an absence in a particular education program or activity, then medical documentation may be required from a pregnant student. If medical documentation is needed, healthcare providers must indicate that the leave requested is medically necessary and related to pregnancy or related conditions.  
• Similarly, if a medical release is required for all students to participate in an education program or activity, it may also be required of pregnant students. For example, if a program or course requires a physical or medical release for all students, one may also be required for a pregnant individual.  

          ii. Employees 

Medical Documentation should not be requested prior to consulting IEC and is not generally required of employees requesting an accommodation when: 

• The limitation or need is obvious; 
• The University already has sufficient information to support a known limitation related to pregnancy; 
• The request is for a lactation accommodation; 
• The accommodation is for an employee requesting:  
  • Additional restroom breaks; 
  • Food and drink breaks; 
  • Having beverages readily available; 
  • Allowing an employee whose work requires standing to sit, and vice versa. 

Supervisors may only request medical documentation to support a request for a reasonable accommodation when it is necessary under the circumstances. If complications due to pregnancy or related conditions rise to the level of a disability, medical documentation may be required to support a request for reasonable accommodations through Faculty and Staff Disability Services.   

     d. Interactive Process 

Requests for modifications and accommodations require that supervisors and employees, and instructors and students, engage in an interactive process. Students and employees are encouraged to involve IEC in this process. The interactive process involves informal and collaborative communication among the individuals involved in the request.   

Information about requests for modifications and accommodations should be shared with others only to the extent necessary to provide the reasonable modifications and accommodations. The information should be treated as private and not disclosed unless necessary.  

          i. Students 

Instructors should openly communicate with students to understand their specific needs and offer reasonable modifications aligned with their situation. If an agreement on a modification is reached, instructors should notify the Title IX Coordinator of the modification for documentation.  

If an agreement cannot be reached, the individual seeking a modification may contact IEC for assistance with the interactive process. An instructor should not deny a modification request related to pregnancy or pregnancy-related conditions without first consulting with IEC.  

Agreed-upon modifications should be assessed regularly and adjusted, if necessary.  

As explained above, medical documentation should not be requested prior to consulting IEC. 

          ii. Employees 

Supervisors should openly communicate with employees, or prospective employees, to understand their specific needs and offer reasonable accommodations aligned with their situation. The supervisor should notify the Title IX Coordinator of the modification for documentation.  

If an agreement cannot be reached, the individual seeking an accommodation may contact IEC for assistance with the interactive process. A supervisor should not deny an accommodation request related to pregnancy or pregnancy-related conditions without first consulting with the IEC.  

Agreed-upon accommodations should be assessed regularly and adjusted, if necessary. 

As explained above, medical documentation should not be requested prior to consulting IEC.  

     e. Modification and Accommodation Decisions 

If a reasonable modification or accommodation cannot be agreed upon through the interactive process, the Title IX Coordinator or their designee shall make the final decision as to the reasonableness of a modification or accommodation.  

Pregnancy and related conditions, and any temporary disability resulting from them, should be treated in the same manner as any other temporary disability.  

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G. Access to Lactation Spaces 

The University’s Lactation Support Policy provides students and employees with access to lactation spaces for pumping or nursing that are shielded from view and free from the intrusion of others. Information regarding lactation spaces can be found here: Lactation Room & Spaces. (insert lactation support policy) 

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H. Leave of Absence  

     a. Students  

Students may qualify for leave pursuant to applicable academic leave policies. Departments may have their own policies related to academic leave. Students should consult with the Office of Student Life regarding academic leave. Medical withdrawal may also be available for students seeking treatment of mental or physical health conditions. Students should consult with Student Advocacy and Support regarding the availability of a medical withdrawal and the impact of leave on financial aid and scholarships.  
 

     b. Employees 

Employees may qualify for leave pursuant to applicable university leave policies (for example, parental, sick, FMLA, vacation, leave of absence, etc.). Employees should request leave from their supervisor, from Human Resources, or via their applicable academic affairs processes.  

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I. References  

• Nondiscrimination Policy and Procedures 
• Parental Leave Policy, Board of Regents Policy 3.3.13 
• Parental Leave Policy FAQ 
• Family and Medical Leave, Board of Regents Policy 3.3.11 
• Sick Leave 
• Lactation Support Policy 
• Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. 
• The Pregnancy Discrimination Act of 1978, 42 U.S.C. §§ 2000e (PDA) 
• The Providing Urgent Maternal Protections for Nursing Mothers Act of 2022, 29 U.S.C. § 218d (PUMP Act) 
• The Pregnant Workers Fairness Act (PWFA), 29 C.F.R. Part 1636, effective June 18, 2024