Guidelines for Employees Requesting Lactation Accommodations
I. Introduction:
The University is committed to accommodating qualified applicants1 or employees needing to express breast milk by providing: (1) a lactation room in reasonable proximity to the employee’s work area; and (2) a refrigerator suitable for breast milk storage in reasonable proximity to such employee’s work area. Georgetown University employees may request a lactation room to express breast milk during work hours using the accommodation procedures outlined below.2
Georgetown University provides reasonable accommodations for employees’ pregnancy, childbirth, or related medical conditions, including accommodations for lactation in accordance with all applicable federal, state and local human rights laws. These laws include the District of Columbia Protecting Pregnant Workers Fairness Act of 2014 (“PPWFA”), the Pregnant Workers Fairness Act (“PWFA”), the Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”), and Title IX of the Education Amendments of 1972 (“Title IX”). These guidelines will be provided to all current employees, and all new employees at the start of their employment.3 The University also prohibits discrimination or harassment against employees who request or use lactation accommodations. Any discrimination, harassment, or other violations of University policies based on requesting or using lactation accommodations can be reported to the Office of Institutional Diversity, Equity and Affirmative Action (“IDEAA”).
II. Procedures:
Employees seeking a lactation accommodation are to complete a Pregnancy Accommodation Request Form noting the requested reasonable accommodation.
IDEAA will respond to a request for a lactation accommodation within a reasonable amount of time, not to exceed five business days. During the time it takes to respond to a request and/or engage in an interactive process4 to determine the accommodation, the University will provide a temporary accommodation to the employee so that the employee can pump in a manner that meets the employee’s immediate needs, unless that poses an undue hardship5 for the University.
If the lactation accommodation requested poses an undue hardship on the University, IDEAA will discuss reasonable alternatives with the employee to accommodate the employee’s needs, initiating an interactive process as quickly as possible, but no later than five business days from the date of the request. The conversation between IDEAA and the employee will be in good faith, may occur orally or in writing, and will conclude with a final written determination of the accommodation being granted or denied.
The University recognizes that employees’ lactation accommodation needs may change over time. Employees may request changes to their existing lactation accommodation at any point.
a. Dedicated Spaces for Lactation
The University provides several clean, comfortable spaces designated for nursing individuals to pump while away from their babies due to work or school. These rooms are available for any GU staff, faculty, or student with a valid GUID. Information about the University’s dedicated lactation rooms is located at https://hr.georgetown.edu/lactation/.6
The University’s lactation rooms include the following: are clean; are free from intrusion and shielded from view of others; contain at least one electrical outlet, a surface to place a pump and other personal items, and a chair; are near running water (i.e., for washing hands and/or cleaning breast pump parts) and near a refrigerator to store breast milk7; and can be locked from the inside.8
When more than one employee needs to use a designated lactation room, the University will discuss options with all employees who use the lactation room to determine what arrangement addresses each employee’s needs such that each employee has access to the lactation room amenities.9 Options may include: finding an alternative clean space free from intrusion; sharing the space among multiple users with screens, curtains, or other privacy measures; or creating a schedule for use. Any accommodation will provide each employee a reasonable amount of time to pump.
Even if a designated lactation room is available, an employee who wishes to pump at their usual workspace will be permitted to do this so long as it does not create an undue hardship for the University.
b. Reasonable Time to Express Breast Milk
The University will provide a reasonable amount of time for an employee to express breast milk and will not unreasonably limit the amount of time or the frequency that an employee expresses breast milk. The University will speak with the employee to determine a schedule of breaks that reasonably accommodates the pumping needs of the employee.
_________________
[1] References to employees throughout the Guidelines includes qualified applicants.
[2] The existence of these Guidelines does not affect an individual’s right to breastfeed in public pursuant applicable civil rights laws.
[3] Students who may need pregnancy or lactation accommodations can find information about requesting pregnancy and lactation accommodations at https://titleix.georgetown.edu/title-ix-pregnancy/student-pregnancy/.
[4] The term “interactive process” (also known as a “cooperative dialogue”) refers to the process by which the University and a person entitled to an accommodation, or who may be entitled to an accommodation, engage in good faith in a written or oral dialogue concerning the person’s accommodation needs; potential accommodations that may address the person’s accommodation needs, including alternatives to a requested accommodation; and how potential accommodations may impact the University’s business or operational needs.
[5] The term “undue hardship” means any action that requires significant difficulty or expense when considered in relation to factors such as the size of the University’s business, its financial resources, and the nature and structure of its operation.
[6] If a designated lactation room is also used for another purpose, the sole function of the room shall be as a lactation room while an employee is using the room to express breast milk. When an employee is using the room to express milk, the University will inform other employees that the room is given preference for use as a lactation room.
[7] If the University does not have a refrigerator and cannot provide one because of an undue hardship, the University will discuss alternative options for where the employee may store their breast milk, which may include, for example, providing a cooler and ice packs.
[8] If the lactation room is too far from the employee, the University will discuss alternative options.
[9] In such situations, employees should work with the point of contact listed on the University’s Lactation Rooms webpage to discuss options and determine a reasonable arrangement. The Lactation Rooms webpage is located at https://hr.georgetown.edu/lactation/.