502 Pregnancy Accommodation
Centre College Pregnancy Accommodation for Employees Policy
Policy Statement:
This policy aims to ensure compliance with the federal Pregnant Workers Fairness Act (PWFA) and the Kentucky Pregnant Workers Act, and to promote a supportive and inclusive environment for pregnant workers at Centre College. Centre is committed to providing reasonable accommodations, preventing discrimination, and fostering the well-being of pregnant employees, consistent with applicable federal and state laws.
Scope:
This policy applies to all employees and applicants for employment who are pregnant, have recently given birth, or have related medical conditions. This Policy also operates in conjunction with and consistent with existing policy and law regarding support for lactating and breastfeeding employees (see Centre College Staff Handbook at Section 610). In addition, this Policy operates in conjunction with the College’s Parental Leave Policy (see Centre College Staff Handbook at Section 501).
Definitions:
The term “known limitation” means physical or mental condition related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions that the employee or employee's representative has communicated to the College whether or not such condition meets the definition of disability specified in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)
The term “qualified employee” means an employee or applicant who, with or without reasonable accommodation, can perform the essential functions of the employment position, except that an employee or applicant shall be considered qualified if –
(A) any inability to perform an essential function is for a temporary period;
(B) the essential function could be performed in the near future; and
(C) the inability to perform the essential function can be reasonably accommodated. (which may mean that one more essential functions are temporarily suspended and the employee continues to perform the remaining functions of the job).
The terms "reasonable accommodation'' and "undue hardship'' have the meanings given such terms in section 101 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111) and shall be construed as such terms are construed under such Act and as set forth in the applicable regulations, including with regard to the interactive process that will typically be used to determine an appropriate reasonable accommodation.
Policy Guidelines:
1. Non-Discrimination:
a. Centre strictly prohibits any form of discrimination or harassment based on pregnancy, childbirth, or related medical conditions.
b. Employees will not be subjected to adverse employment actions or denied employment opportunities due to their pregnancy status.
c. Employees will not be required to take leave, whether paid or unpaid, if another reasonable accommodation can be provided to the known limitations related to the pregnancy, childbirth, or related medical conditions of the qualified employee.
2. Reasonable Accommodations:
a. Centre will make reasonable accommodations to the known limitations related to the pregnancy, childbirth, or related medical conditions of a qualified employee, unless the accommodation would impose an undue hardship on the operations of Centre.
b. Upon notification of an employee’s pregnancy, childbirth, or related medical condition, Centre will engage in an interactive process to determine appropriate accommodations.
c. Accommodations may include, but are not limited to, more frequent or longer breaks, time off to recover from childbirth, acquisition or modification of equipment, appropriate seating, temporary transfer to a less strenuous or less hazardous position, job restructuring, light duty, modified work schedule, and private space that is not a bathroom for expressing breast milk.
d. Requests for reasonable accommodations will be assessed on a case-by-case basis, taking into consideration the employee’s job responsibilities, medical needs, and Centre’s operational requirements. Accommodations will be provided unless the accommodation would impose an undue hardship on the operation of Centre.
e. Centre is permitted to seek additional supporting documentation where it reasonable to determine whether the employee has a physical or mental condition related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions and needs a change or adjustment at work due to the limitation. The additional supporting documentation requested will be limited to situations where the conditions are not obvious and where the documentation is minimally sufficient to (1) confirm the physical or mental condition; (2) confirm the physical or mental condition is related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions (together with (1) “a limitation”); and (3) describe the change or adjustment at work needed due to the limitation.
3. Confidentiality and Privacy:
a. Centre will maintain the privacy and confidentiality of employees’ pregnancy-related information, in accordance with applicable laws and regulations.
b. Employees’ consent will be sought before sharing any confidential information with relevant parties involved in the accommodation process.
c. Managers and supervisors involved in the accommodation process will be informed of the need to ensure the protection of privacy and confidentiality.
4. Communication and Awareness:
a. Centre will provide employees with information about their rights under this Policy, including the right to request reasonable accommodations.
b. The college will establish a clear process for employees to request accommodations, including designating an office responsible for handling such requests. Centre employees should contact the Office of Human Resources at 859-238-5464.
c. Managers and supervisors will receive training on this Policy, including their responsibilities in providing reasonable accommodations and preventing pregnancy discrimination.
5. Reporting and Complaint Procedure:
a. Centre encourages employees to report any concerns or complaints related to pregnancy discrimination or the denial of reasonable accommodations.
b. Employees may report concerns to their immediate supervisor or the Office of Human Resources.
c. Centre will promptly and thoroughly investigate all complaints and take appropriate remedial actions as necessary.
6. Review and Modification:
a. This policy will be periodically reviewed and updated to ensure continued compliance with applicable laws or regulations.
b. Centre will provide ongoing training and educational resources to employees, managers, and supervisors to raise awareness and understanding of the policy.
Effective as of August 1, 2024