POLICY 08:03:19

PREGNANCY, CHILDBIRTH AND RELATED MEDICAL CONDITIONS (EMPLOYEES)

This policy is consistent with TBR Policy 06.04.00.00 Pregnancy, Childbirth, and Related Medical Conditions (Employees).

POLICY AREA

Sexual Discrimination/Harassment/Misconduct

PURPOSE

Pellissippi State Community College prohibits unlawful discrimination and harassment based on pregnancy, childbirth, and related medical conditions in accordance with Title VII of the Civil Rights Act of 1964 (Title VII), as amended by the Pregnant Workers Fairness Act (PWFA), Title IX of the Education Amendments of 1972 (Title IX), Pump Act, Tennessee Code Annotated § 50-1-305, and all other applicable state and federal statutes and regulations. This policy is also intended to incorporate policies of the Tennessee Board of Regent Policies (TBR).Definitions

• “Institution” refers to Pellissippi State Community College.
• “Known limitation” means a physical or mental condition related to, affected by, or arising out of pregnancy, childbirth or related medical conditions that the employee or the employee’s representative has communicated to the College, whether or not such condition constitutes a “disability” under the Americans with Disabilities Act (ADA).
• “Employee” means an employee or applicant who, either with or without reasonable accommodation, can perform the essential functions of the job position. An employee or applicant is considered qualified if any inability to perform an essential function is for a temporary period, the essential function can be performed in the near future, and the inability to perform the essential function can be reasonably accommodated.
  • This policy applies to all qualified employees of the college, whether full or part- time; whether faculty, adjunct, or staff; TBR P-080, Discrimination and Harassment – Complaint Investigation Procedure and regardless of length of employment.
  • A qualified applicant is considered to be a qualified employee.
• “Reasonable accommodation” generally has the same meaning as under the ADA.
  • Reasonable accommodation means a modification or adjustment to a job or the work environment that will enable a qualified employee to perform the essential functions of the job. (Unlike the ADA, reasonable accommodation under this policy may include temporarily relieving a qualified employee of an essential function of the job). If multiple reasonable accommodations are available, the College may select among reasonable accommodations.
  • Reasonable accommodation may include, but is not limited to, making existing facilities accessible, leave, job restructuring, a part-time or modified work schedule, acquiring or modifying equipment, changing or making exceptions to a policy, and reassignment to a vacant position.
• “Related medical condition” includes any illness, complication, or symptoms arising out of pregnancy or childbirth. Examples of related medical conditions include, but are not limited to, morning sickness, gestational diabetes, pregnancy-induced hypertension, miscarriage, sciatica, lactation or the need to express breast milk, medical procedures and recovery, physical injuries from childbirth, and postpartum depression.

Policy/Guideline

1. Nondiscrimination in General
   1. Discrimination or harassment based on current, potential, or past pregnancy or related medical condition is prohibited sex discrimination. Complaints of discrimination or harassment based on any alleged violation of this policy should be submitted to the Title IX Coordinator and will be investigated pursuant to TBR Guideline P-080 Discrimination & Harassment – Complaint Investigation Procedure, PSCC’s Discrimination and Harassment Complaintand Investigation Procedure Policy: 06:23:01, PSCC’s Sexual Misconduct Policy: 04:02:03, orTBR policy 6.01.00.00, Sex Discrimination, Sexual Harassment, or Sexual Misconduct.B. Retaliation against someone who requests reasonable accommodations for pregnancy, childbirth, or a related medical condition or who files a complaint based on pregnancy is prohibited. Retaliation complaints will be investigated under TBR Guideline P- 080 Discrimination & Harassment – Complaint Investigation Procedure, PSCC’s Policy 06:23:01, PSCC Policy 04:02:03, , or TBR Policy 6.01.00.00 Sex Discrimination, Sexual Harassment or Sexual Misconduct.
   2. PSCC shall treat employees who are temporarily unable to perform their job duties or participate in educational programs due to pregnancy, childbirth, or related medical conditions the same as non-pregnant employees who are similar in their ability orinability to work or participate in educational activities, for example with respect to temporary and light duty assignments.
2. Reasonable Accommodation on the Basis of Pregnancy, Childbirth, and Related Medical Conditions
   1. Anyone seeking reasonable accommodation under this policy should contact the college’s Title IX Coordinator, the Title IX director, the Human Resources executive director, or other individual designated by the college. Employees are required to participate in an interactive process to determine a reasonable accommodation. A request for accommodation may be made orally or in writing.
   2. Anyone with regular supervisory responsibilities over an employee who learns from the employee or employee’s representative about a potential need for a reasonable accommodation due to pregnancy, childbirth, or a related medical condition must inform the employee or representative how to request a reasonable accommodation and must inform the Title IX Coordinator or other person designated by the institution about the employee’s need for a potential accommodation.
   3. PSCC shall make reasonable accommodation(s) for known limitations related to pregnancy, childbirth, or related medical condition of a qualified employee. PSCC and employee must engage in a good faith, interactive process to determine a reasonable accommodation.
   4. PSCC may deny a reasonable accommodation if it would result in undue hardship to the college. The Office of General Counsel must be consulted prior to denying a reasonable accommodation based on undue hardship.
   5. Any request for documentation for pregnancy, childbirth, or a related medical condition must be made by the human resources department. The Human Resources office may only ask for documentation that is reasonable under the circumstances to determine a reasonable accommodation, and any request must comply with the limitations on requests for information in TBR Policy 5.01.01.14 Family, Medical, and Service Member Leave.
   6. PSCC shall not:
      1. require a qualified employee to accept a reasonable accommodation other than one arrived at through an interactive process;
      2. deny equal employment opportunities to a qualified employee based on the need to make reasonable accommodations; or
      3. take adverse action against a qualified employee because the employee requested or used a reasonable accommodation, or otherwise retaliate against an individual in violation of applicable law.
   7. A qualified employee may elect to take leave in accordance with PSCC’s Parental Leave Policy: 06:07:02 or PSCC’s Family, Medical, and Service Member Leave Policy: 06:07:16. PSCC shall not require a qualified employee to take leave, whether paid or unpaid, if another reasonable accommodation can be provided. Human Resources is responsible for coordinating leave under various policies.
   8. If an employee who is pregnant, gives birth, or has a related medical condition does not have enough leave or does not qualify for leave, the institution must allow the employee to take unpaid leave for a reasonable period of time for pregnancy, childbirth, or a related medical condition, after which the employee must be reinstated to the status held when the leave began or to a comparable position without decrease in pay, loss of promotional opportunity, or other right or privilege of employment.
   9. Reasonable accommodation, including unpaid leave, pursuant to this policy is available only to qualified employees who are pregnant, have given birth, or have a pregnancy- related condition. Leave for family members may be available pursuant the PSCC’s Parental Leave Policy-06:07:02 or the PSCC’s Family, Medical, and Service Member Leave Policy- 06:07:16/TBR 05.01.01.14.
3. Lactation
   1. PSCC shall provide space other than a restroom to express milk. The college may either create dedicated space or provide temporary space on an as-needed basis. The space must be clean, shielded from view, and free from intrusion from others.
   2. PSCC must provide a reasonable amount of break time, as frequently as needed by the nursing mother, to express milk. Breaks must be provided for one year following birth, and any employee who wishes to continue expressing breast milk beyond one year should contact the Title IX Coordinator to discuss additional time to provide breaks.
   3. Employees taking breaks to express milk shall be compensated in the same manner as other employees are compensated during break time. No deduction may be made from an exempt employee’s salary. No deduction from a nonexempt employee’s pay is permitted unless the Title IX Coordinator has approved in advance.

Pellissippi State Pregnancy-Related Accommodation/Modification Guidelines

Purpose: These guidelines outline the responsibilities of departments and employees to ensure compliance with the Pregnant Workers Fairness Act (PWFA) and the college’s policies on pregnancy-related accommodations.

For Employees
Human Resources (HR):

• HR is responsible for managing and providing pregnancy-related accommodations or modifications for employees.
• HR will include relevant policies and resources on its webpage.
• HR will notify and collaborate with Institutional Compliance (IC) on all pregnancy-related accommodation or modification requests.
• Managers must refer employees seeking pregnancy-related accommodations or modifications to HR.

For Students
Disability Services (DS):

• DS is responsible for managing and providing pregnancy-related accommodations for students.
• DS will include relevant policies and resources on its webpage.
• DS will notify and collaborate with IC on all pregnancy-related accommodation or modification requests.
• Faculty and staff are required to refer students seeking pregnancy-related accommodations or modifications to DS.

Institutional Oversight
Institutional Compliance (IC):

• IC will review and sign off on all accommodation and modification requests to ensure compliance with PWFA and college policies (HR and DS are responsible for notifying IC of all pregnancy and postpartum-related accommodations or modifications).
• IC will manage the college’s regular reporting on compliance with PWFA in collaborationwith HR and DS, recommending changes if needed.
• IC will provide information on its webpage regarding these processes.

Training

• Managers and faculty will receive training to ensure they refer students and employees to the correct office (HR for employees, DS for students) for pregnancy-related accommodations or modifications.
• Students and employees will receive training on the process to request accommodations or modifications.
• HR, IC, and DS will include education and resources on pregnancy-related accommodations or modifications in student and employee orientation(s), and regularly (e.g., policy and procedure refreshers every semester, etc.)

Non-Medical Requests
It is important to note that pregnancy-related accommodation requests do not have to be medically related to qualify for consideration.
If you have any questions, concerns, and/or suggestions,contact the Institutional Compliance office.

Sources
Federal laws
Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (as amended by the Pregnant
Workers Fairness Act) (PWFA); 29 C.F.R. Part 1636
Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681-1688
Fair Labor Standards Act § 18d (as amended by the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act))
American with Disabilities Act, as amended by the ADAAA Family, Medical, and Service Member Leave Act (FMLA)

State laws
T.C.A § 50-1-305
T.C.A. § 4-21-408
T.C.A. § 8-50-809
T.C.A. § 49-8-203

Related Pellissippi State Policies:
PSCC Pregnancy Workers Fairness Act Guidelines
POLICY 00:03:00 EQUAL OPPORTUNITY AND NON-DISCRIMINATION IN EDUCATION AND EMPLOYMENT
POLICY 06:23:01 DISCRIMINATION AND HARASSMENT COMPLAINT AND INVESTIGATION PROCEDURE
POLICY 04:02:03 SEXUAL MISCONDUCT
POLICY 06:07:02 PARENTAL LEAVE
POLICY 06:07:16 FAMILY, MEDICAL, AND SERVICE MEMBER LEAVE
POLICY 06:07:01 ANNUAL LEAVE
POLICY 06:07:03 LEAVE OF ABSENCE
POLICY 06:07:07 SICK LEAVE

TBR
Reviewed/Recommended: President’s Council, August 28, 2023
Approved: President L. Anthony Wise, Jr., August 28, 2023
Reviewed/Recommended: College Council, January 27, 2025
Approved: President L. Anthony Wise, Jr., January 27, 2025