SUU Seal (for official use only)

POLICY #5.69
SUBJECT: Employee Pregnancy or Pregnancy-Related Conditions

I. PURPOSE

The purpose of this Policy is to outline processes that allow for the fair treatment of pregnant workers in the workplace through providing Supportive Measures and Reasonable Accommodations to employees affected by pregnancy, childbirth, or related medical conditions in compliance with appropriate state and federal statutes.

II. REFERENCES

  1. Southern Utah University Policy 5.2 Employees with Disabilities
  2. Southern Utah University Policy 5.27 Non-Discrimination/ Anti-Harassment
  3. Southern Utah University Policy 9.4 Bereavement Leave
  4. Southern Utah University Policy 9.7 Family and Medical Leave
  5. State of Utah Anti-Discrimination Act
  6. Utah Code § 13-7a-102, Breastfeeding Location and Conduct
  7. Utah Code § 34-49 Nursing Mothers in the Workplace
  8. The Pregnant Workers Fairness Act (PWFA) of 2023
  9. The PUMP for Nursing Mothers Act (PUMP Act) (an amendment to the FLSA)
  10. The Family and Medical Leave Act (FMLA) of 1993
  11. The Americans with Disabilities Act (ADA) as amended
  12. The Fair Labor Standards Act (FLSA) of 1938
  13. Title VII of the Civil Rights Act of 1964
  14. Title IX of the Higher Education Amendments Act of 1972

III. DEFINITIONS

  1. Known Limitation: Physical or mental condition related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions that the employee or the employee’s representative has communicated to the University.
  2. Qualified Individual: An employee or applicant with a Known Limitation who can perform the essential functions or fundamental duties of the job with or without a Reasonable Accommodation. If an employee or applicant cannot perform the essential functions of the job with or without a Reasonable Accommodation, an employee or applicant can be qualified as long as the inability is temporary and the employee could perform the functions in the near future.
  3. Reasonable Accommodation: For the purposes of this policy, Reasonable Accommodations are temporary modifications or adjustments to the work environment or job duties that allows a Qualified Individual with a Known Limitation to apply for a job, perform essential job functions, or enjoy equal access to benefits available to other individuals in the workplace or University generally. An accommodation may not be reasonable if it causes an Undue Hardship for the University, or if accommodating the individual creates a direct threat to the health and safety of others. A Reasonable Accommodation may be justified based on disability, religious observance or practice, and/or pregnancy or pregnancy-related conditions. The Human Resources Office is responsible for coordinating the effective implementation of Reasonable Accommodations. The University will work with Qualified Individuals, but an individual’s preferred accommodation is not always the reasonable accommodation provided. Long term accommodations necessary for a medical issue or disability are subject to University Policy 5.2.
  4. Supportive Measures: Non-disciplinary, non-punitive, individualized resources offered, as appropriate and as reasonably available, without fee or charge, to individuals with a Known Limitation. Such measures are meant to restore or preserve equal access to benefits available in the workplace or University generally. Supervisors should coordinate with Human Resources for guidance and support in implementing Supportive Measures.
  5. Undue Hardship: Occurs when a proposed accommodation for a pregnancy related condition would impose a substantial burden on the University in the overall context of the University's business. In considering whether an accommodation imposes a substantial burden, the University conducts a fact-specific inquiry and considers, for example, the particular accommodation requested; alternative accommodation options; the practical impact in light of the nature, size, and operating costs of the University; any substantial increased costs required by a proposed accommodation; and the impact of the proposed accommodation on the University conducting its business functions and on the fundamental requirements of courses and other activities.

IV. POLICY

  1. Employee Rights
    1. Employees or applicants with a Known Limitation may request Reasonable Accommodations and/or Supportive Measures by contacting their supervisor, submitting an Accommodations Request Form to the Office Human Resources (HR), or by speaking with a member of the HR Office.
      1. Accommodation Requests should include an explanation of the Known Limitation(s) and any accommodation(s) requested accordingly.
  2. Requesting an Accommodation and Interactive Process:
    1. If an employee or applicant contacts their supervisor or chair of the search committee to request an accommodation or communicates a need for an Supportive Measure or accommodation related to pregnancy, childbirth, or a related medical condition, the supervisor or search committee chair will refer the employee or applicant to the HR office.
      1. In person at: University Campus Services Building, room 319 (business hours only);
      2. By telephone: (435) 865-8572; or
      3. Online at: www.suu.edu/hr/contact.html
      4. Accommodations Request Form
    2. Upon receiving a request for accommodation, HR will contact the employee or applicant to discuss the request and engage in an interactive process to determine appropriate Supportive Measures or Reasonable Accommodation(s).
      1. The reasonableness of each accommodation request will be individually assessed based on the information available through the interactive process, including any Known Limitations.
      2. The University recognizes that an employee’s Known Limitation(s) and needs may change over the course of the pregnancy or after childbirth. Depending on the nature of the requested accommodation and/or Known Limitations, the University may request additional documentation substantiating the need for a requested accommodation.
      3. The University is not required to permit an employee to have the employee's child at the workplace for purposes of accommodating pregnancy, childbirth, breastfeeding, or related conditions.
    3. The University will maintain documentation of the interactive process as well as any resulting Supportive Measures and/or Reasonable Accommodations. These records are categorized as medical records and/or personnel records and are therefore confidential and private. Only those persons with a need to know will be given access to documentation.
  3. Lactation Space:
    1. The University shall provide appropriate lactation spaces on campus for the purpose of expressing breast milk or breastfeeding.
    2. Each designated lactation space will be regularly maintained and cleaned.
    3. Each designated lactation space will be equipped with:
      1. a door lock and window coverings for privacy; and
      2. a table or other flat surface, a chair, an electrical outlet, and access to running water in the room or nearby.
    4. The Title IX Coordinator shall maintain a list of lactation rooms available on campus, which can be found on the University's website https://go.suu.edu/lactation.
    5. Restroom or bathroom spaces do not satisfy the requirements for lactation spaces.
    6. Breastfeeding is permitted in University spaces where members of the public have general access. However, the University may limit access to University spaces that are not traditionally open to the general public, including spaces where classes are being taught or secured locations.
  4. Prohibited Practices
    1. Discrimination: Any unlawful distinction, preference, or unfair treatment or action based on pregnancy or pregnancy-related conditions that unreasonably interfere with or limit an individual’s rights without a valid business or academic reason is strictly prohibited. See Southern Utah University Policy 5.27.
    2. Mandatory Leave: The University may not require employees or applicants to take leave if other feasible Reasonable Accommodations can be provided that will allow the employee to continue to work.
    3. Retaliation: Any overt or covert act of reprisal, interference, restraint, penalty, Discrimination, intimidation, or harassment, against any person or group for engaging in protected activity. To be Retaliation, there has to be a causal connection between the conduct and the protected activity. Action is generally deemed retaliatory if it would dissuade a reasonable person in the same circumstances from engaging in protected activity. See SUU Policy 5.27.
  5. Compliance and Grievance Process.
    1. An job applicant or employee may report a violation of this Policy to the Director of the Equal Opportunity Office:
      1. In person at: University Campus Services Building, room 101 (business hours only);
      2. By mail: 351 W. University Boulevard, Cedar City, Utah 84720 (anytime);
      3. By telephone: (435) 586-5419 (anytime);
      4. By email: Title9@suu.edu (anytime);
      5. Online at: www.suu.edu/titleix/; or
      6. By any other means that results in the Director of the Equal Opportunity Office receiving the person’s oral or written report.
  6. Training
    1. The University will provide training to supervisors and Human Resources personnel regarding accommodations and processes to accommodate employees and/or applicants with a Known Limitation.
  7. Discretion in Application
    1. The University retains discretion to interpret and apply this Policy in a manner that is not clearly unreasonable.
    2. Without limiting the application of other policies, the provisions of this Policy are not contractual in nature, whether in their own right, or as part of any other express or implied contract. Accordingly, the University retains discretion to revise this Policy at any time, and for any reason.

V. RELEVANT FORMS/LINKS

VI. QUESTIONS/RESPONSIBLE OFFICE

The responsible office for this Policy is the Vice President for Finance and Administration. For questions about this Policy, contact the Office of Human Resources.

VII. POLICY ADOPTION AND AMENDMENT DATES

Date Approved: September 26, 2025