Requesting Pregnancy Accommodations for Employees and Applicants

Introduction:

Georgetown University is committed to creating an accessible and inclusive environment for pregnant and parenting employees and qualified applicants. Georgetown provides reasonable workplace accommodations for employees and qualified applicants based on pregnancy, childbirth, breastfeeding, or a related medical condition, 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”).

Procedures:

An employee or qualified applicant may request an accommodation because of pregnancy, childbirth, breastfeeding, or a related medical condition, including accommodations for lactation. Additionally, once a supervisor, director, or chair has been informed by an employee of their pregnancy or other condition covered by applicable law, the employee should receive a notice of their rights and may be referred to IDEAA for a possible accommodation if requested by the employee.

Employees seeking a pregnancy accommodation are to complete a Pregnancy Accommodation Request Form noting the requested reasonable accommodation. Some examples include:   

  • More frequent or longer breaks
  • Time to recover from childbirth
  • Purchasing or modifying work equipment
  • Temporarily transferring the employee to a less strenuous or hazardous position
  • Temporarily restructuring the employee’s position to provide light duty or a modified work schedule
  • Permitting the employee to refrain from heavy lifting
  • Relocating the employee’s work area
  • Providing private (non-bathroom) space for expressing breast milk

A “reasonable accommodation” is one that does not require significant difficulty in the operation of the employer’s business or significant expense for the employer, with consideration to factors such as the size of the business, its financial resources, and the nature and structure of the business.

Interactive Process

The interactive process is required when an employee requests a reasonable pregnancy accommodation or otherwise has a known limitation that requires one. 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.
  
The University will engage the employee and the employee’s department in good faith and in a timely manner in the interactive process to determine what accommodation is appropriate. 

Note: No specific accommodation is guaranteed.  Rather, accommodations are determined on an individualized basis and must be tailored to match the needs of the employee without placing an undue hardship on the department.

Note: Neither IDEAA nor the relevant department shall provide an accommodation unless an employee asks for one or otherwise has a known limitation and no employee shall be required to accept an accommodation that is not necessary for the employee to perform their duties. No employee shall be placed on leave if another reasonable accommodation can be provided.

In making this determination, IDEAA, in conjunction with the appropriate departmental supervisor or official, may consider a number of relevant factors, including: 

  • The nature and duration of the requested accommodation.
  • The impact of the requested accommodation on the performance of the employee’s essential functions or core work-related duties.
  • The financial impact of the requested accommodation.
  • The impact of the requested accommodation on other employees, students, or university operations.  Note that this may include consideration of seniority within the same unit or department.
  • Any alternative accommodations. 

In certain circumstances, IDEAA may require an employee to provide certification from a health care provider indicating a reasonable accommodation is advisable. The certification must include:

  1. The date the accommodation became or will become medically advisable;
  2. An explanation of the medical condition and need for a reasonable accommodation; and
  3. The probable length of time the accommodation should be provided.

Once IDEAA has secured the certification, it will engage the department in the interactive process to inform them of the type and duration of the accommodation.

If no reasonable accommodation can be made, the employee is notified in writing.

Work Plan

If a pregnancy accommodation is deemed appropriate and reasonable, both the employee and the departmental representative are notified and the pregnancy accommodation work plan is implemented for the duration specified.

IDEAA will monitor the work plan and review it on occasion to ensure the accommodation enables the employee to complete the necessary work tasks and to ensure effectiveness.