Accommodations Related to Pregnancy

Overview

The �Թ�� is committed to maintaining an inclusive and accessible environment for all applicants and employees. The Pregnancy Discrimination Act (PDA) prohibits discrimination based on pregnancy, childbirth, or pregnancy related medical conditions- when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoffs, training, and fringe benefits. Providing accommodations to women who become pregnant is important in meeting the health of the woman and the unborn child.

Pregnancy Accommodations Policy for Employees

ELIGIBILITY: This policy applies to employees and applicants for employment.

EMPLOYEES: If you need a temporary change to how, when, or where you work due to pregnancy or related conditions may request an accommodation under this policy.

STUDENTS:

Complaints of discrimination may be filed in accordance with the .

If you have any questions, please contact the Office of Equity & Diversity:

Tel: 570 941-6645 or elizabeth.garcia2@scranton.edu

Do I have to disclose my pregnancy to request accommodations?

Employees and applicants are not required to disclose their pregnancy to the �Թ��, and may still require accommodations. Therefore, if the employee or applicant does not wish to disclose a pregnancy to the �Թ��, but requires accommodations because or contributed to by pregnancy, they may opt to request accommodations under the �Թ��’s Reasonable Accommodations for Individuals with Disabilities Policy (/equity-diversity/docs/ada-accom-policy.pdf) without disclosing a pregnancy. The �Թ�� will attempt to make, upon request, reasonable accommodations, unless doing so imposes an undue hardship on the �Թ��.

Important Terms and Definitions

Applicant: Applicant is defined as individuals applying for an employment position with the �Թ��.

Employee: Employee is defined as all faculty and staff employed by the �Թ��.

Interactive Process: The interactive process is the ongoing process by which the �Թ��, through the Office of Equity and Diversity, and the employee engage in a dialogue to determine what, if any, accommodations may be implemented to allow the employee to perform their job duties for the �Թ��. The process may require the employee to provide information from a treating doctor.

OED: OED means the Office of Equity and Diversity.

Pregnancy Discrimination: Pregnancy Discrimination occurs when expectant women are terminated, not hired or otherwise treated differently by the employer because of a pregnancy. The �Թ�� treats expectant mothers in the same way as it treats any other temporarily disabled employee.

Pregnancy Harassment: Pregnancy Harassment means the creation of a hostile or intimidating environment in which conduct, because of its severity, pervasive and/or persistence, is likely to create an adverse employment action. Pregnancy Harassment can be uninvited or unwelcome verbal, written, visual or physical conduct based on pregnancy when such conduct:

a. Has the purpose or effect of unreasonably interfering with an individual’s work performance;
b. Creates or has the intention of creating an intimidating, hostile, or offensive working environment; or
c. Interferes with or limits one’s ability to participate in or benefit from employment.

Requesting an Accommodation Related to Pregnancy

Employees and Job Applicants must complete the Pregnancy Accommodation Request Form, and return the completed form to OED to start the interactive process. If an accommodation request is received via email, telephone or third party, OED will contact the individual to request a completed the Accommodation Request Form.

The form requests information related to the accommodation needs, including an explanation from the employee/applicant as to any physical limitations or risks, or a description of the difficulties related to the job, and a description of the accommodation requested. A request should also include expected start date and the duration of the accommodations.

Students: Submit a Request for Pregnancy Accommodations/Adjustments through Accommodate

Supervisory Responsibilities

Supervisory employees of the �Թ�� are required to refer employees needing an accommodation to OED within three business days of the request, or as soon as reasonably possible, for processing in accordance with this policy.** OED will work directly with the employee, and consult with the supervisor(s), faculty dean and/or department chair, as necessary, to determine an appropriate accommodation.

During the interactive process, a Department supervisor must work with OED to provide a suggestion for an alternative accommodation if called upon by OED.

Office of Equity and Diversity

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Institute of Molecular Biology and Medicine, Suite 315

Phone: (570)941-6645

elizabeth.garcia2@scranton.edu

diana.collins@scranton.edu

**This policy is not intended to conflict with the Faculty Absence Policy. If there is a conflict between this policy and the Faculty Absence Policy, the Faculty Absence Policy shall prevail.

Filing an Appeal or Complaint

Filing an Appeal: Eligibility for accommodation is determined through an interactive process between the individual employee and OED. If an accommodation is denied, the individual employee may choose to pursue an appeal through the following processes. Appeals must be filed by the employee within 15 business days of being denied.

In writing to the Vice President of Human Resources, explain:

the requested accommodation
the accommodation provided, if any
medical documentation supporting the requested accommodation
a brief summary of what occurred during the interactive process and
attach any and all communication between the individual and OED

The Vice President of Human Resources will contact OED for a written response to the appeal, and OED will have 15 business days to respond to the Vice President. The Vice President will issue a decision within 15 business days of receiving OED's response.

Filing a Complaint: Applicants denied a job,or an equal o opportunity to apply for a job,based on a protected class may file and process a complaint pursuant to the �Թ��’s Non-Discrimination and Anti-Harassment Policy. Employees can process a harassment or discrimination complaint pursuant to the �Թ��’s Non-Discrimination and Anti-Harassment Policy.

Lactation Rooms

There is one permanent lactation/nursing room available at the �Թ��, located in the Loyola Science Center.

For information on how to access the room, please visit: /hr/benefits/mothers-room.shtml. Non-permanent lactation/nursing rooms may be made available in other locations throughout the campus. Employees are encouraged to contact Human Resources or the Office of Equity and Diversity for more information.

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Office of Equity & Diversity

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