1.03g Pregnancy Reasonable Accommodations - Regulation

Document Type: Regulation
Number: 1.03g
Effective: 06-18-24
Revised:
Legal References: Pregnancy Discrimination Act; Pregnancy Workers Fairness Act (PWFA)


PREGNANCY REASONABLE ACCOMMODATIONS

I. INTRODUCTION AND SCOPE

The city provides reasonable accommodations to employees with known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation would cause an undue hardship.

This regulation applies to all city employees.

II. REQUESTING A REASONABLE ACCOMMODATION

An employee or applicant may request an accommodation due to pregnancy, childbirth or a related medical condition by submitting the request in writing to human resources. The accommodation request should include the following:

A. an explanation of the pregnancy-related limitation; and

B. the accommodation requested and any alternative accommodation(s) that might be reasonable.

Depending on the nature of the accommodation, the employee may be requested to submit a statement from a health care provider substantiating the need for the accommodation or sign a release so human resources can communicate with the health care provider.

III. EMPLOYER PROHIBITIONS

Under the PWFA employers cannot:

A. Require an employee to accept an accommodation without a discussion about the accommodation between the employee and human resources;

B. Deny a job or other employment opportunities to a qualified employee or applicant based on the person's need for a reasonable accommodation;

C. Require an employee to take leave if another reasonable accommodation can be provided that would let the employee keep working;

D. Retaliate against an individual for reporting or opposing unlawful discrimination under the PWFA or participating in a PWFA proceeding (such as an investigation); or

E. Interfere with any individual's rights under the PWFA.

IV. REASONABLE ACCOMMODATIONS

Reasonable accommodations are changes to the work environment or the way things are usually done at work.

Examples of possible reasonable accommodations include but are not limited to the ability to sit while working; drink water; receive appropriately sized uniforms and safety apparel; additional rest and bathroom breaks; being excused from strenuous activities and/or activities that involve exposure to compounds not safe for pregnancy.

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