Workplace Accommodations Under the Pregnant Workers Fairness Act

It is the policy of The University of Texas at Austin (“University”) to provide equal access and opportunity to pregnant and postpartum University employees and job applicants with a known limitation due to pregnancy or childbirth in compliance with federal law, including Title VII of the Civil Rights Act of 1964, the Pregnant Workers Fairness Act, and the Americans with Disabilities Act, as amended (ADA). The University prohibits discrimination based on pregnancy or childbirth in both the application process and during the employment relationship.

Reason for Policy

To provide appropriate roles and responsibilities to comply with federal law regarding reasonable accommodations for University employees and job applicants with a known limitation due to pregnancy or childbirth.

Scope & Audience

This policy applies to all University employees (faculty, staff, or student-employees) and applicants for University employment who are pregnant or recently were pregnant.

Definitions (specific to this policy)

Essential Function:

The fundamental duties of the position or the primary reasons the position exists. The University is not required to create a new position, to permanently eliminate an essential function of a position, or to permanently lower quality or performance standards to make an accommodation under the PWFA. The University determines whether a job function is essential on a case-by-case basis. Factors considered in determining whether a job function is essential include:

Whether the reason the position exists is to perform that function;
The amount of time on the job spent performing that function;
The number of other employees available to perform the function or among whom the performance of the function can be distributed; and
The degree of expertise or skill required to perform the function.

Known Limitation:

A physical or mental condition related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions that the employee or applicant, or their representative, has communicated to an appropriate University employee. The physical or mental condition may be a modest, minor, and/or episodic impediment or problem. The physical or mental condition also may be a need or problem related to maintaining the applicant or employee’s health or the health of their pregnancy. The definition also includes when an employee is seeking health care related to pregnancy, childbirth, or a related medical condition.

Postpartum:
The period following pregnancy and childbirth. For the purposes of this policy, a postpartum accommodation resulting from a limitation sustained from pregnancy or childbirth should not, in most cases, exceed 40 weeks from the employee’s return to work date.

Qualified Employee:
An employee or applicant who, with or without reasonable accommodation, can perform the essential functions of the position. Additionally, an employee or applicant shall be considered qualified if: (1) any inability to perform an essential function is for a temporary period; (2) the essential function could be performed in the near future (generally, within 40 weeks); and (3) the inability to perform the essential function can be reasonably accommodated.

Reasonable Accommodation:
A modification or adjustment to the job application process or the work environment that will enable a qualified applicant or employee with a known limitation due to pregnancy or childbirth to participate in the application process or to perform essential job functions. The decision as to whether an accommodation is reasonable is made on a case-by-case basis.

Actions that are not required or reasonable include:

Permanently lowering production or performance standards.
Permanently suspending an essential function.
Providing medication to an employee or monitoring an employee's use of medication.
Actions that would result in undue hardship.
Restructuring working hours so they fall far outside the obligations of an employee's unit and/or position. Some positions require employees to be on campus at all times and/or at certain hours and may not have as much flexibility to accommodate requests for changes.
Requests that will disrupt the University's mission to achieve excellence in the interrelated areas of undergraduate and graduate education, research, and public service.

Related Medical Conditions:
Medical conditions that relate to, are affected by, or arise out of pregnancy or childbirth, as applied to the specific employee or applicant in question. For example, an employee who received extra breaks to eat or drink due to Type 2 diabetes before pregnancy may need additional accommodations during pregnancy to monitor and manage the diabetes more closely and avoid or minimize adverse health consequences to the employee or their pregnancy

Undue Hardship:
An accommodation or action requiring significant difficulty or expense when considered in light of factors such as the nature and cost of the accommodation; the University’s size and financial resources; the nature and structure of the University’s operations; and the impact of the accommodation on University operations. An accommodation that is unduly extensive, substantial, or disruptive, or one that would fundamentally alter the nature of the position, is considered an undue hardship.

Website (for policy)

https://secure4.compliancebridge.com/utexas/public/getdoc.php?file=3-3013

Contacts

CONTACT

DETAILS

WEB

Institutional Accessibility and Accommodation

Email: ada@austin.utexas.edu

Website:

https://compliance.utexas.edu/programs/iaa/employee-pwfa-accommodations

Responsibilities & Procedures

Pregnant and Postpartum Applicants for Employment

Accommodations in the Application Process. Applicants may request accommodations for a scheduled interview or at other stages of the application or hiring process. Applicants are responsible for making specific requests so that the University can determine if reasonable accommodations can be provided. Applicants must make these requests in advance; the University will not make retroactive accommodations. Requests for reasonable accommodation in the application or hiring process may be made to Institutional Accessibility and Accommodation by email at ada@austin.utexas.edu, or by or submitting the Applicant Reasonable Accommodation Request Form online. Applicants may be asked to provide supportive documentation.

Pregnant or Postpartum University Employees

Initiating the Accommodation Process. Employees seeking workplace accommodation(s) due to pregnancy or childbirth are responsible for initiating contact with the University and requesting information regarding accommodations. Employees interested in a workplace accommodation can contact Institutional Accessibility and Accommodation by email at ada@austin.utexas.edu, or by or submitting the Employee Accommodation Request Form to start the accommodation process.

Documentation. In order to determine whether an employee is eligible for accommodations under the PWFA, the requesting employee must provide written documentation from their licensed health care provider. The list below outlines the documentation employees will need to review and submit to begin the accommodation process:

Interactive Process. The accommodation process is a collaborative and interactive process between Institutional Accessibility and Accommodation, the employee seeking accommodations, the employee's supervisor, and/or other appropriate personnel (including Human Resources personnel). Institutional Accessibility and Accommodation works collaboratively with both the employee and the supervisor to identify a mutually agreeable reasonable accommodation. Finding a reasonable accommodation that has the support of both the employee and their supervisor helps to ensure a successful and sustainable outcome.

Determination. After reviewing documentation and meeting separately with both the employee and their supervisor, Institutional Accessibility and Accommodation will determine whether the employee is a qualified individual and whether the requested accommodation(s) is reasonable. If so determined, a letter of accommodation will be provided. Accommodations under the PWFA are temporary.

Confidentiality. Any records or information obtained by the University as part of the accommodation process that reflect diagnosis, evaluation, or treatment of an employee’s medical or mental health condition will be shared only with those University employees who have a need to know and will not be released to non-University personnel except as required by law. PWFA-related files are kept separate and apart from personnel files.

Institutional Accessibility and Accommodation and University personnel involved in evaluating a request for reasonable accommodation are not covered entities as defined in the HIPAA rules. In general, Institutional Accessibility and Accommodation will not disclose the diagnostic or treatment information (including the PWFA file) of employees participating in the accommodation process. There are, however, instances when this information is shared with certain individuals such as human resource personnel, first aid and safety personnel, or University personnel investigating compliance with the PWFA (including the Department of Investigation and Adjudication, University Compliance Services, and Office of the Vice President for Legal Affairs).

If an Employee Cannot Be Accommodated. There may be instances where there is no reasonable accommodation that will enable the employee to continue working up to and until their due date. If an employee cannot be accommodated in their current role without incurring undue hardship, the University will determine whether it has a vacant, equivalent position within the employee’s department/CSU for which the employee is qualified and to which the employee can be reassigned either on a temporary or permanent basis. If an equivalent position is not available, a lower-level role can be considered. The employee has the option to decline reassignment and pursue leave options, if available.

If an employee cannot be reasonably accommodated or reassigned, the employee will be advised of potential leave options including FMLA, Sick Leave Pool, an approved Leave of Absence Without Pay, leave under the PWFA, and leave under the ADA (if applicable).