Reasonable Accommodations for Pregnancy and Related Conditions

The University does not discriminate against any person on the basis of current, potential, or past pregnancy or related conditions, including in its admissions policies, and will provide reasonable modifications to policies, practices, and procedures as necessary to prevent sex discrimination and ensure equal access to the University’s programs and activities.

The University provides reasonable accommodations to individuals for pregnancy or related conditions. Pregnancy or related conditions includes any physical or mental condition related to, affected by, or arising out of:

• pregnancy, childbirth, termination of pregnancy, or lactation;
• medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or
• recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions.

Reasonable accommodations are modifications to the University’s policies, practices, or procedures that are necessary to prevent sex discrimination and ensure equal access to the University’s programs and activities.

While pregnancy itself is not a disability, some impairments related to pregnancy or related conditions might be considered disabilities for which reasonable accommodations for disability are appropriate. The University provides reasonable accommodations to qualifying individuals with disabilities. See FAQ: Reasonable Accommodations for Disabilities.

I. Interactive Process for Requesting and Receiving Reasonable Accommodations

Reasonable accommodations are identified and implemented through an interactive process between the University and the individual seeking accommodation. The process is generally as follows:

First, the individual seeking accommodation must request an accommodation from either:

• the appropriate responsible administrator (the individual who has the authority to implement the accommodation, such as an instructor, supervisor, or department head); or
• the campus pregnancy accommodation coordinator, who is available to facilitate the interactive process between the responsible administrator and the individual seeking accommodation. Individuals seeking accommodation do not need to disclose information about their pregnancy or related condition to the responsible administrator, and can instead share that information with the campus pregnancy accommodation coordinator.

The individual seeking accommodation should:

• request the accommodation in advance, if possible, or as soon as reasonably practicable;
• identify the request as related to pregnancy or related conditions; and
• identify the modification that is needed due to pregnancy or related conditions and that gives rise to the request for accommodation.

Second, the responsible administrator must either:

• implement the requested accommodation(s); or
• engage in an interactive process with the individual seeking accommodation to identify alternate effective reasonable accommodation(s), if any. If the responsible administrator offers a reasonable accommodation that is accepted by the individual requesting accommodation, the responsible administrator must implement that accommodation. 

The responsible administrator and individual seeking accommodation may consult with Human Resources or departmental leadership, the campus pregnancy accommodation coordinator, the campus Title IX office, and/or other appropriate resources (e.g., supervisor, department/unit leadership, Office of the General Counsel). The responsible administrator and individual seeking accommodation are each responsible for actively participating in the interactive process in good faith.

Denial of an accommodation request may be appropriate when an interactive process fails to result in identification of a reasonable accommodation. If the responsible administrator believes that they cannot grant an accommodation request and that no reasonable alternative accommodation is available, the responsible administrator should consult with Human Resources or departmental leadership, the campus pregnancy accommodation coordinator, the campus Title IX office, and/or another appropriate resource (e.g., supervisor, department/unit leadership, Office of the General Counsel) before denying the accommodation request.

Individuals who believe that they have been denied reasonable accommodation should report this concern to the campus Title IX office. Upon receiving such a report, the campus Title IX office will apply its regular procedures for responding to sex discrimination reports, as described in the Administrative Policy: Discrimination.

II. Assessment of Whether a Requested Accommodation is Reasonable

The University is not required to provide an accommodation that is unreasonable. An accommodation for pregnancy or related medical conditions is unreasonable when it:

• is requested in an untimely manner;
• would fundamentally alter the nature of a University’s program or activity;
• is requested by an employee who cannot fulfill essential job functions even with reasonable accommodation; or
• is requested by an employee or third party and would cause an undue hardship for the University.

A responsible administrator determines whether a request for accommodation or related conditions is unreasonable. A responsible administrator should generally consult with others (such as Human Resources, departmental leadership, the campus pregnancy accommodation coordinator, the campus Title IX office, or the Office of the General Counsel) before determining that a request for an accommodation for pregnancy or related conditions is unreasonable. In addition, a responsible administrator must be prepared to explain the basis for their determination and consider whether there are alternate reasonable accommodations that should be offered and, if so, to offer them.

1. Accommodations requested by an individual that would fundamentally alter the nature of a University’s program or activity.

   Requested accommodations that would fundamentally alter the nature of a University program or activity are not reasonable and need not be provided by the University.

   When a student requests accommodation in an academic course or program, the responsible administrator must consult with a group of individuals who are trained, knowledgeable, and experienced in the area before making a determination that the requested accommodation would fundamentally alter the nature of a University program or activity, which in the academic context includes the learning outcomes (including skills, knowledge, and attitudes) that are required to uphold the academic and technical standards and the integrity of courses and academic programs. The groups could include faculty subject matter experts, department leaders, a program curriculum committee, and/or pedagogy consultants from the Center for Educational Innovation.

   At a minimum, the group should discuss the following questions:

   • What essential course or program requirement (learning outcome) does the requested accommodation fundamentally alter?
   • What practical function does this essential requirement serve in the academic course or program?
   • Is there documentation of the essential requirement in the course syllabus, professional standards, certification requirements, or elsewhere?
   • How does the requested accommodation fundamentally alter this essential requirement?
   • Has the requested accommodation been provided to any other student (e.g., to a student with an illness or injury or disability)?
   • Is there another way that the student could meet the essential course or program objectives?
2. Accommodations requested in an untimely manner

   Accommodations that are requested in an untimely manner are not reasonable and need not be provided by the University. Requests for retroactive accommodations are generally not reasonable, unless the accommodation need is related to a sudden medical condition and is requested as soon as reasonably practicable.

3. Accommodations requested by an employee who cannot fulfill essential job functions even with reasonable accommodation

   Accommodations that are requested by an employee who cannot fulfill essential job functions even with reasonable accommodation are not reasonable and need not be provided by the University, except as described below. 

   The University must provide reasonable accommodations related to an essential function the employee is not able to perform if:

   • The employee can perform the essential function in the near future and a temporary suspension of the essential function would not create an undue hardship for the University. If the employee is pregnant, it is presumed that the employee can perform the essential function in the near future because they could perform the essential function within around 40 weeks of its suspension. For example, this criteria may be met by temporarily suspending the essential function that the employee cannot meet and instead having the employee:
     • perform the remaining functions of their position;
     • perform the remaining functions of their position and temporarily other functions assigned by the University;
     • perform the functions of a different job to which the University temporarily transfers or assigns the employee; or
     • temporarily perform light duty or modified duty work.

   In determining whether a suspension of an essential function of an employee’s position would result in an undue hardship for the University, the following factors will be considered, among others:

   • the length of time that the employee will be unable to perform the essential function;
   • whether, there is work (including reassigned work) for the employee to accomplish;
   • the nature of the essential function, including its frequency;
   • whether the University has provided other employees in similar positions who are unable to perform an essential function of their position with temporary suspensions of the essential function;
   • if necessary, whether there are other employees, temporary employees, or third parties who can perform or be hired to perform the essential function; and
   • whether the essential function can be postponed or remain unperformed for any length of time and, if so, for how long.
4. Accommodations requested by employees that would cause an undue hardship

   Accommodations that would cause an undue hardship are not reasonable, and need not be provided to employees by the University. Undue hardship means a significant difficulty or expense that is incurred by the University. The following factors will be considered when determining whether an accommodation would cause an undue hardship:

   • the nature and net cost of the accommodation requested;
   • the overall financial resources and size of the facility or facilities involved in the provision of the reasonable accommodation;
   • the overall financial resources, number of employees, and size of the University;
   • the type of operation or operations of the University, including the composition, structure, and functions of its workforce, and the geographic separateness and administrative or fiscal relationship of the facility or facilities in question to the University; and
   • the impact of the accommodation upon the operation of the facility, including the impact on the ability of other employees to perform their duties and the impact on the facility’s ability to conduct business.

   For example, an accommodation may cause an undue hardship when it:

   • jeopardizes the safety of the individual who requires the accommodation or others;
   • infringes on the rights of employees, including the rights set forth in a collective bargaining agreement or other policy or law; or
   • imposes an unreasonable burden on other employees or students.

   The undue hardship standard is only met in rare circumstances. In determining whether an accommodation would create an undue hardship, a responsible administrator should rely on objective information, not on anticipated or hypothetical hardships to the University that could result from providing the accommodation. In addition, it is not appropriate to determine that an accommodation would create an undue hardship because others might request the same or similar accommodation in the future or because others think or might think it is unfair.

III. Medical Documentation

1. Medical documentation related to student accommodation requests

   The University may require supporting documentation for a student’s request for accommodation when the documentation is necessary and reasonable for the University to determine reasonable accommodations. However, the University will not seek supporting documentation when:

   • the need for accommodation is obvious;
   • the student has previously provided the University with sufficient supporting documentation;
   • the requested reasonable accommodation is allowing a student to carry or keep water nearby, use a bigger desk, sit or stand, or take breaks to eat, drink, or use the restroom;
   • the student has lactation needs;
   • other students requesting accommodations for temporary medical conditions are not required to provide supporting documentation; or
   • the requested accommodation is available to students for reasons other than pregnancy or related conditions without submitting supporting documentation.

   Students are not required to share medical information with their instructors and should share supporting documentation for an accommodation request, if required, with the campus pregnancy accommodation coordinator.

2. Medical documentation related to employee accommodation requests

   When it is reasonable under the circumstances, the University may seek supporting documentation to determine whether an employee requires accommodation due to pregnancy or related conditions. However, the University will not require an employee to provide supporting documentation when:

   • the individual’s pregnancy or related condition and the accommodation needed as a result are obvious;
   • the University already has sufficient information to determine whether the employee is pregnant or has a related condition and needs an accommodation as a result;
   • the employee seeks one of the following accommodations due to their own pregnancy: additional food, water, or restroom breaks, the ability to stand or sit as needed, the ability to keep water near them, or restrictions on lifting over 20 pounds;
   • other employees requesting accommodations for temporary medical conditions are not required to provide supporting documentation; or
   • the requested reasonable accommodation is related to a time and/or place to pump at work, other accommodations related to pumping at work, or a time to nurse during work hours.

   When it is reasonable, under the circumstances, for the University to seek supporting documentation, the University will not require that the supporting documentation be submitted on a specific form. 

   When the University seeks documentation from a health care provider, the employee may provide documentation from, for example: doctors, midwives, nurses, nurse practitioners, physical therapists, lactation consultants, doulas, occupational therapists, vocational rehabilitation specialists, therapists, industrial hygienists, licensed mental health professionals, psychologists, or psychiatrists. The University will not require that the health care provider submitting documentation be the provider treating the condition at issue. Employees are not required to share medical information with their supervisor and should share such information with the campus pregnancy accommodation coordinator.

IV. Confidentiality

A responsible administrator should keep confidential all information related to an individual’s accommodation for pregnancy or related conditions to the extent possible. In addition, a responsible administrator should not share information about an individual’s pregnancy or related condition with others who do not have a need to know, unless given permission by the individual.

V. Examples of Reasonable Accommodations

Reasonable accommodations will be determined based on the needs of the individual seeking accommodation. For example, the following reasonable accommodations for pregnancy or related conditions may be available:

• measures to protect the health and safety of the individual and the pregnancy, such as limitations on heavy lifting, mobility support, intermittent absences to attend medical appointments, and additional or longer breaks;
• modifications to the physical environment, such as accessible seating and equipment, devices to assist with lifting or carrying, and reserved parking;
• course modifications, such as remote learning, withdrawal from courses, extensions of assignment, exam, or course completion deadlines, changes in course sequence, and course schedule changes;
• job modifications, such as part-time or modified work schedules, reassignment to a vacant position, remote work, changes to job assignments, temporary transfer to a less strenuous or hazardous position, schedule changes, and temporary suspension of one or more essential functions of the position;
• temporary leaves of absence; or
• other changes to policies, practices, or procedures.

Reasonable accommodations for students participating in a performance, clinical rotation, or lab. A student who is absent from a performance, clinical rotation, or lab due to pregnancy or related conditions should work with their campus pregnancy accommodation coordinator and instructor and department to make an alternative plan to complete the required work. The responsible administrator must provide reasonable accommodations so that the student will not be disadvantaged in their course of study or research. For example, reasonable accommodations might include allowing the student to shift course order, substitute similar courses, and/or join a new cohort when returning from leave.

A. Accommodations for Medically Necessary Absences

1. Medically necessary absences for students

   The University permits students to take medically necessary absences that are due to pregnancy or related conditions. 

   A student absent for medically necessary reasons related to pregnancy or related conditions will be allowed to return to the same academic status and, as practicable, to the same extracurricular status, that the student held when the absence began. The University will provide the student a meaningful opportunity and reasonable time to make up any coursework or exams missed during the absence, including any missed participation-related points or credit. The University may offer the student alternatives to making up missed work, such as retaking a semester, taking part in an online course credit recovery program, or allowing the student additional time in a program to continue at the same pace and finish at a later date, especially after longer periods of absence. Preferably, the student should be allowed to choose how to make up the work. Instructors’ rules about attendance and make-up work cannot override these requirements.

2. Medically necessary absences for employees

   The University provides leave and other benefits and services to employees due to pregnancy or related conditions that are consistent with the leave, benefits, and services provided to employees with other temporary medical conditions. 

   Employees may be eligible for leave under Administrative Policies: Paid Medical Leave and Disability Benefits for Faculty and Academic Professional and Administrative Employees and Parental Leave for Employees. In addition, employees may have additional eligibility for leave under the Family and Medical Leave Act.

   If the University’s leave policies do not provide sufficient leave for an individual’s pregnancy or related conditions, the University will provide the employee with a voluntary leave of absence without pay for a reasonable period of time. 

   At the conclusion of an employee’s leave of absence related to pregnancy or a related condition, the employee will be reinstated to the status held when the leave began or to a comparable position, without a decrease in the rate of compensation or loss of promotional opportunities or any other right or privilege of employment.

B. Process for Obtaining Certain Accommodations Related to Health and Safety

The University provides reasonable accommodations to protect the health and safety of individuals who are pregnant or have related conditions while in University programs and activities. For example, the University will provide personal protective equipment as needed to protect such individuals who may require personal protective equipment due to exposure to chemicals or other hazards in University programs or activities. Individuals who need personal protective equipment for pregnancy or related conditions should consult with the University’s Health, Safety and Risk Management by e-mailing [email protected]. This office can assist by identifying the appropriate equipment, providing fit testing for respirators, and ensuring compliance with the OSHA Respiratory Protection Standard.

University units and departments are responsible for funding needed personal protective equipment for pregnant employees. University colleges (or departments) are responsible for funding needed personal protective equipment for pregnant students who require the equipment due to chemicals or other hazards present in academic programs or activities within the college (or department).

C. Accommodations for Lactation

The University provides reasonable accommodations related to lactation. For example:

1. Lactation spaces

   The University provides clean, private, and secure spaces for lactation that:

   • are not a restroom;
   • are shielded from view and free from intrusion;
   • contain an electrical outlet, table, and a chair;
   • are in reasonable proximity to the lactating individual’s place of work or study;
   • are in reasonable proximity to a sink and running water; and
   • for lactation by employees, are in reasonable proximity to a refrigerator for storing milk.

   For information about public lactation spaces on the University’s campuses, visit the Lactation Resources Center website. 

2. Lactation breaks

   The University provides reasonable breaks for individuals to express breast milk as needed. To support lactating employees, reasonable breaks for employees to lactate are paid.

   1. Amount of time for lactation breaks

      The break time afforded for lactation will be sufficient to fully express milk. Generally, lactating individuals need 2-3 lactation breaks of 30 minutes or less during an 8-hour period, but individual needs vary. Lactation break time will include the time associated with travel to and from the lactation space, expressing milk, clean up, and storage. Some factors that may impact the time reasonably needed for a lactating individual to express milk include:

      • the time it takes to walk to and from the lactation room and the wait, if any, to use the space;
      • whether the lactating individual has to retrieve a pump and other supplies from another location;
      • the time it takes to unpack and set up a pump;
      • the efficiency of the pump used (employees using different pumps may require more or less time);
      • whether there is a sink and running water nearby for the individual to use to wash hands before pumping and to clean the pump attachments when done expressing milk; and
      • the time it takes for the individual to store milk in a refrigerator or personal cooler.
   2. Scheduling of lactation breaks  

      Lactation breaks will be scheduled based on the needs of the lactating individual and the operational considerations of the University.

      Students will be excused from class, work, field experiences, exams, or other academic experiences as necessary to allow lactation. Students planning to express milk should do so around their scheduled classes and other academic obligations to the extent possible. Where this is not possible, instructors will work with students to allow for lactation breaks during the class or other academic obligation.

      Employees planning to express milk during normal work hours should do so during scheduled breaks that are already provided (e.g., work breaks provided under policy or pursuant to the terms of a collective bargaining agreement) to the extent possible. Supervisors are expected to work with employees to arrange schedules to allow for reasonable lactation breaks. If lactation breaks cannot run concurrently with the employee’s preexisting break time, the employee will be afforded separate lactation breaks.

3. Other possible accommodations for lactation

Other accommodations for lactation may also be determined to be reasonable through the interactive process. For example, in some cases, a reasonable accommodation may include providing a lactating individual with:

• the ability to work from home for a specified period of time to be in proximity to their infant if the individual is unable to produce sufficient milk while pumping; or
• a temporary shift in job responsibilities where necessary to provide for lactation breaks.

D.  Accommodations for Parenting Individuals

The University does not discriminate against any person on the basis of current, potential, or past parental, family, or marital status, including in its admissions policies, and will not adopt or implement any policy, practice, or procedure concerning an individual’s current, potential, or past parental, family, or marital status that treats the individually differently on the basis of sex.

While University policy does not require the provision of accommodations related to parenting or caregiving, responsible administrators are encouraged to consider providing accommodations where possible. Accommodations should be provided equitably across parents of all gender identities and parents of all types (e.g., birth, adoptive, foster).

An individual seeking such accommodations should consult with an appropriate responsible administrator (e.g., an instructor, supervisor, or department head), who can determine whether to grant such accommodations on a case-by-case basis. For student parents seeking accommodations, the campus parenting support office may be able to provide support and assistance.

E. Campus Contacts

Students who would like to request accommodations for pregnancy or related conditions should contact the campus pregnancy accommodation coordinator.

Employees who would like to request accommodations for pregnancy or related conditions should contact their supervisor, Human Resources representative, or campus Title IX office.

To report concerns about the provision of reasonable accommodations for pregnancy or related conditions, contact the campus Title IX office.