V. Accommodations based on Pregnancy, Childbirth or a Related Medical Condition.
A. Student Accommodations and Academic Adjustments
Students requesting an accommodation or academic adjustment based on pregnancy, childbirth or a related medical condition should contact the Office of Student Disability Services. Students may be asked to complete an intake form and provide supporting documentation. The student and the Director of Student Disability Services, or a designee, will engage in an interactive process, which may include considering a number of factors, such as the student’s limitations and the nature and requirements of the academic program, with the goal of finding an acceptable accommodation or academic adjustment. The Director of Student Disability Services may, when necessary, consult with appropriate college officials, such as the instructor or Provost, to determine program requirements and possible accommodations and adjustments. Reasonable accommodations or academic adjustments may include, but are not limited to, granting leaves of absence, providing take-home tests to students who are bedridden or homebound, allowing make-up tests and papers, or scheduling a meeting with the instructor for a student who had to miss class because of medical appointments or medical complications in order to make up missed content. A grant or denial of the request must be made as soon as practicable, taking into account the urgency of the request, and sent to the student in writing, either stating the accommodation, or for denials, the reason(s) the request was denied.
B. Applicant Accommodations.
Applicants for employment requesting an accommodation based on pregnancy, childbirth or a related medical condition should contact the Office of Human Resources at the College or unit where they are applying. Classified civil service candidates who are required to take an exam or attend a hiring pool and are seeking an accommodation should follow the written instructions provided on the exam application, hiring pool instructions, or contact the HR Advisory Services unit in the Office of Human Resources Management in the Central Office.
C. Employee Accommodations.
1. Employees requesting an accommodation based on pregnancy, childbirth or a related medical condition should contact the Office of Human Resources at their College or unit. Employees may be required to submit an intake form. The employee and the Director of Human Resources, or a designee, will engage in an interactive process, also called a cooperative dialogue, which may include a consideration of a number of factors, such as the employee’s limitations and the job functions and requirements, with the goal of finding an acceptable accommodation. The Director of Human Resources, or a designee, will initiate a cooperative dialogue even when an employee does not make an accommodation request when the College has (1) knowledge that the employee’s performance at work has been affected or that her behavior at work could lead to an adverse employment action and (2) a reasonable basis to believe that the issue is related to pregnancy, childbirth or a related medical condition. Reasonable accommodations may include, but are not limited to, granting frequent bathroom breaks, providing the employee with a specialized chair, granting leaves of absence, changing work schedules to accommodate doctor’s visits, temporary shift reassignments, providing light duties or assistance with manual labor for a period of time, or temporarily reassigning the employee to a vacant position for which she is qualified. A grant or denial of the employee’s request must be made as soon as practicable, taking into account the urgency of the request, and sent to the employee in writing, either stating the accommodation, or for denials, the reason(s) the request was denied.
2. Employees may be required to submit medical documentation when requesting: (a) time away from work, including for medical appointments, other than the presumptive six (for a vaginal delivery) to eight (for a caesarian section) week period following childbirth for recovery from childbirth, or (b) to work from home, either on an intermittent or a long-term basis. This requirement does not affect medical documentation requirements related to leave taken pursuant to the Family Medical Leave Act or other disability plans or policies.
Employees and job applicants may appeal a denial of a request for an accommodation by filing a complaint with the Chief Diversity Officer. Students may appeal a denial of a written request for an accommodation and/or academic adjustment with the Title IX Coordinator. The Chief Diversity Officer, Title IX Coordinator, or a designee, will mediate to try to resolve the issues between the individual and the College or unit to find an acceptable accommodation. If a mutually acceptable accommodation cannot be determined, then the Chief Diversity Officer, Title IX Coordinator, or a designee, will investigate the complaint and make a recommendation to the College President, or if the employee works at the Central Office, then to the Vice Chancellor for Human Resources Management. Such President or Vice Chancellor for Human Resources Management shall make the final determination concerning the complaint. If the employee is covered by a collective bargaining agreement, she may discuss the matter with her union representative and exercise any rights