Pregnancy and Related Medical Conditions
Overview
Central College prohibits discrimination based on an applicant or employee’s sex and ensures the protection and equal treatment of pregnant applicants and employees.
Under this Policy, the college will provide reasonable accommodations to applicants and employees with known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause undue hardship to the college’s operations.
Definitions
Limitation: means a physical or mental condition related to, affected by, or arising out of pregnancy, childbirth, or related medical condition(s.) ‘‘Physical or mental condition’’ is an impediment or problem that may be modest, minor, and/or episodic. It may relate to a need or problem in maintaining the individual’s health or the health of a pregnancy, or in seeking health care. The physical or mental condition can be a limitation whether or not it meets the definition of “disability” under the Americans with Disabilities Act (ADA).
Pregnancy or Related Medical Condition: refers to pregnancy or childbirth, and includes current pregnancy; past pregnancy; potential or intended pregnancy (which can include infertility, fertility treatment, and the use of contraception); labor; and childbirth (including vaginal and cesarean delivery). ‘‘Related conditions’’ are medical conditions relating to the pregnancy or childbirth, including termination of pregnancy, including via miscarriage, stillbirth, or abortion; ectopic pregnancy; preterm labor; pelvic prolapse; nerve injuries; cesarean or perineal wound infection; maternal cardiometabolic disease; gestational diabetes; or preeclampsia.
Responsibilities
Employee: responsible to notify the college of a need for accommodation around pregnancy or related medical conditions
Talent, Equity, and Engagement Office: coordinate efforts of the college in situations where accommodations are requested to ensure proper steps are followed. Receive and process requests of employees and communicate respectively with employee and supervisor.
Policy Details
- Under this policy, the college shall not:
- Fail, refuse to hire, or discharge any individual or otherwise to discriminate with respect to compensation, terms, conditions, or privileges of employment because of an individual’s pregnancy or related medical condition(s);
- Fail or refuse to treat a qualified pregnant employee or job applicant, or one with a pregnancy-related medical condition, the same as any other similarly situated employee or applicant.
- Fail or refuse to make reasonable accommodations to the known limitations related to the pregnancy of a qualified applicant or employee, unless the accommodation would impose an undue hardship on the college’s operations;
- Deny employment opportunities to a qualified job applicant or employee, if such denial is based on the need of Central to make reasonable accommodations to the known limitations related to pregnancy or related medical condition(s);
- Take adverse action against an employee in the terms, conditions, or privileges of employment for requesting or using a reasonable accommodation for known limitations related to the pregnancy or related medical condition of the employee; or
- Limit, segregate, or classify employees in any way which would deprive or tend to deprive any employee of employment opportunities or otherwise adversely affect the employee’s employment status because of such employee’s pregnancy or related medical condition(s).
- Reasonable Accommodations for pregnancy and related medical conditions
- Applicants or employees who are pregnant and/or with related medical conditions may request and receive reasonable accommodations for equal participation in hiring or employment. Generally, an employee or applicant needs to inform the college of the employee’s limitation(s) and need for adjustments to be reasonably accommodated. This request can and should be given to the college’s Chief Talent, Equity, and Engagement Officer.
- Requests should include an explanation of any pregnancy-related limitations, the accommodation sought, and any alternative accommodation(s) that might be reasonable. Depending on the nature of the accommodation, the individual may be requested to submit a statement from a healthcare provider substantiating the need for the accommodation. Upon receipt of a request for accommodation, the College will contact the employee or applicant to discuss the request (the “interactive process”), and the discussion and determination will be based on individualized needs. Accommodation that would result in undue hardship to the College need not be provided.
- While the reasonableness of each accommodation request will be individually assessed, possible accommodations include allowing the individual to:
- Sit while working.
- Take additional breaks to eat, drink water, use the restroom, or rest.
- Receive a closer parking location.
- Flexible attendance or modified schedules.
- Receive appropriately sized uniforms and safety apparel.
- Take time off to recover from childbirth.
- Be excused from strenuous activities and/or activities that involve exposure to compounds deemed unsafe during pregnancy.
- An employee may request leave as a reasonable accommodation under this procedure; however, the college will not require an employee to take time off if another reasonable accommodation can be provided that will allow the employee to continue to work.
- Generally, employees must be able to perform the essential functions of their positions, with or without reasonable accommodation. However, if an employee cannot perform one or more essential function due to pregnancy or a related medical condition, the essential function may be excused if the inability to perform the essential function is (1) temporary, or (2) can be reasonably accommodated, through temporarily suspending the function or other arrangement.
- To the extent consistent with this procedure, the college will treat pregnancy or related conditions in the same manner and under the same policies as any other temporary medical conditions with respect to all job-related purposes, including duration and extensions of leave; payment of disability income; accrual of seniority and any other benefit or service; and reinstatement; and under any fringe benefit offered to employees by virtue of employment.
- Leave of Absence. Particularly if an employee does not qualify for a leave of absence under another policy or procedure, the college will permit an employee who is pregnant or with a pregnancy-related condition to take an unpaid leave of absence for a reasonable period of time as is deemed medically necessary by the employee’s physician, in no event denying a needed leave of up to eight (8) weeks in length. At the conclusion of the leave, the employee shall be reinstated to the job the employee held when the leave began, or to a comparable position, without decrease in rate of compensation or loss of promotional opportunities, or any other right or privilege of employment.
- Lactation Space
- The college will designate a space or location, other than a bathroom, for nursing employees to express milk that is shielded from view and free from intrusion from co-workers and the public. A space may be temporarily created or converted into a space. The college will also provide reasonable break time for an employee each time such employee has the need to express breast milk at work for up to one (1) year after the birth of a child.
- Nonretaliation
- The college prohibits any retaliation, harassment, or adverse action due to an individual’s request for a reasonable accommodation for known limitations relating to a pregnancy or related medical condition(s), or for reporting or participating in an investigation of discrimination under this procedure.
Last Revision Date: 8/28/2024
Policy Owner: Talent, Equity and Engagement Office