POLICY 08:03:19
PREGNANCY, CHILDBIRTH AND RELATED MEDICAL CONDITIONS (EMPLOYEES)
POLICY AREA
Sexual Discrimination/Harassment/Misconduct
PURPOSE
Pellissippi State Community College (“PSCC”) prohibits unlawful discrimination and harassment based on
pregnancy, childbirth, and related medical conditions in accordance with Title VII of the Civil Rights Act
of 1964 (Title VII), as amended by the Pregnant Workers Fairness Act (PWFA), Title IX of the Education
Amendments of 1972 (Title IX), Pump Act, Tennessee Code Annotated § 50-1-305, and all other
applicable state and federal statutes and regulations. This policy is also intended to incorporate
the Tennessee Board of Regent Policies (TBR).
Definitions
- “Institution” means the College within the TBR System.
- “Known limitation” means a 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 College, whether or not such
condition constitutes a “disability” under the Americans with Disabilities Act (ADA). - “Qualified employee” means an employee or applicant who, either with or without
reasonable accommodation, can perform the essential functions of the job position. An
employee or applicant is considered qualified if any inability to perform an essential
function is for a temporary period, the essential function can be performed in the near
future, and the inability to perform the essential function can be reasonably
accommodated.- This policy applies to all qualified employees of the College, whether full or part-
time; whether faculty, adjunct, or staff; and regardless of length of employment. - A qualified applicant is considered to be a qualified employee.
- This policy applies to all qualified employees of the College, whether full or part-
- “Reasonable accommodation” generally has the same meaning as under the ADA.
- Reasonable accommodation means a modification or adjustment to a job or the
work environment that will enable a qualified employee to perform the essential
functions of the job. (Unlike the ADA, reasonable accommodation under this policy
may include temporarily relieving a qualified employee of an essential function of
the job). If multiple reasonable accommodations are available, the College may
select among reasonable accommodations. - Reasonable accommodation may include, but is not limited to, making existing
facilities accessible, leave, job restructuring, a part-time or modified work schedule,
acquiring or modifying equipment, changing or making exceptions to a policy, and
reassignment to a vacant position.
- Reasonable accommodation means a modification or adjustment to a job or the
- “Related medical condition” includes any illness, complication, or symptoms arising out
of pregnancy or childbirth. Examples of related medical conditions include, but are not
limited to, morning sickness, gestational diabetes, pregnancy-induced hypertension,
miscarriage, sciatica, lactation or the need to express breast milk, medical procedures
and recovery, physical injuries from childbirth, and postpartum depression.
Policy/Guideline
- Nondiscrimination in General
- Discrimination or harassment based on pregnancy or related medical condition is
prohibited sex discrimination. Complaints of discrimination or harassment based on
pregnancy should be submitted to the Title IX Coordinator and will be investigated
pursuant to PSCC’s Discrimination and Harassment Complaint and Investigation
Procedure Policy: 06:23:01, PSCC’s Sexual Misconduct Policy: 04:02:03, or TBR
6.01.00.00, Sex Discrimination, Sexual Harassment, or Sexual Misconduct. - Retaliation against someone who requests reasonable accommodations for pregnancy,
childbirth, or a related medical condition or who files a complaint based on pregnancy is
prohibited. Retaliation complaints will be investigated under PSCC’s Policy 06:23:01,
PSCC Policy 04:02:03or TBR Policy 6.01.00.00. - PSCC shall treat employees who are temporarily unable to perform their job duties or
participate in educational programs due to pregnancy, childbirth, or related medical
conditions the same as non-pregnant employees who are similar in their ability or
inability to work or participate in educational activities, for example with respect to
temporary and light duty assignments.
- Discrimination or harassment based on pregnancy or related medical condition is
- Reasonable Accommodation on the Basis of Pregnancy, Childbirth, and Related
Conditions- An employee or applicant who seeks reasonable accommodation should contact the
College’s Title IX Coordinator, the Director of Title IX, the Executive Director of Human
Resources, or other individual designated by the College. Employees are required to
participate in an interactive process to determine a reasonable accommodation. - An employee who learns that another employee may need reasonable accommodation
under this policy should report the matter to the Title IX. Coordinator, the Director of
Title IX, the Executive Director of Human Resources, or other individuals designated by
PSCC. - PSCC shall make reasonable accommodation(s) for known limitations related to
pregnancy, childbirth, or related medical condition of a qualified employee. PSCC and
employee must engage in a good faith, interactive process to determine a reasonable
accommodation. - PSCC may deny a reasonable accommodation if it would result in undue hardship to the
College. The Office of General Counsel must be consulted prior to denying a reasonable
accommodation based on undue hardship. - PSCC shall not:
- require a qualified employee to accept a reasonable accommodation other
than one arrived at through an interactive process; - deny equal employment opportunities to a qualified employee based on the
need to make reasonable accommodations; or - take adverse action against a qualified employee because the employee
requested or used a reasonable accommodation, or otherwise retaliate
against an individual in violation of applicable law.
- require a qualified employee to accept a reasonable accommodation other
- A qualified employee may elect to take leave in accordance with PSCC’s Parental Leave
Policy:06:07:02 or PSCC’s Family, Medical, and Service Member Leave Policy: 06:07:16.
PSCC shall not require a qualified employee to take leave, whether paid or unpaid, if
another reasonable accommodation can be provided. - Reasonable accommodation pursuant to this policy is available only to qualified
employees who are pregnant, have given birth, or have a pregnancy-related condition.
Leave for family members may be available pursuant the PSCC’s Parental Leave Policy-
06:07:02 or the PSCC’s Family, Medical, and Service Member Leave Policy- 06:07:16/TBR
05.01.01.14.
- An employee or applicant who seeks reasonable accommodation should contact the
- Lactation
- PSCC shall provide space other than a restroom to express milk. The College may either
create dedicated space or provide temporary space on an as-needed basis. The space
must be clean, shielded from view, and free from intrusion from others. - PSCC must provide a reasonable amount of break time, as frequently as needed by the
nursing mother, to express milk. Breaks must be provided for one year following birth,
and any employee who wishes to continue expressing breast milk beyond one year
should contact the Title IX Coordinator to discuss additional time to provide breaks. - Employees taking breaks to express milk shall be compensated in the same manner as
other employees are compensated during break time. No deduction may be made from
an exempt employee’s salary. No deduction from a non-exempt employee’s pay is
permitted unless the Title IX Coordinator has approved in advance.
- PSCC shall provide space other than a restroom to express milk. The College may either
If you have any questions, concerns, and/or suggestions, you may contact the following:
George Underwood
Executive Director of Equity & Compliance/Title IX Coordinator
compliance@pstcc.edu
Allyson Beckman
Director of Title IX, Equity & Compliance
compliance@pstcc.edu
Elizabeth Ross
Executive Director of Human Resources
humanresources@pstcc.edu
Kinsey Shifflett
Manager, Benefits
humanresources@pstcc.edu
Sources
Federal laws
Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (as amended by the Pregnant Workers
Fairness Act) (PWFA)
Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681-1688
Fair Labor Standards Act § 18d (as amended by the Providing Urgent Maternal Protections for Nursing
Mothers Act (PUMP Act)
American with Disabilities Act, as amended by the ADAAA
Family, Medical, and Service Member Leave Act (FMLA)
State laws
T.C.A. § 4-21-408
T.C.A. § 8-50-809
T.C.A. § 49-8-203
Related Policies
PSCC
POLICY 00:03:00 EQUAL OPPORTUNITY AND NON-DISCRIMINATION IN EDUCATION AND EMPLOYMENT –
Pellissippi State Community College
POLICY 06:23:01 DISCRIMINATION AND HARASSMENT COMPLAINT AND INVESTIGATION PROCEDURE –
Pellissippi State Community College
POLICY 04:02:03 SEXUAL MISCONDUCT – Pellissippi State Community College
POLICY 06:07:02 PARENTAL LEAVE – Pellissippi State Community College
POLICY 06:07:16 FAMILY, MEDICAL, AND SERVICEMEMBER LEAVE – Pellissippi State Community College
POLICY 06:07:01 ANNUAL LEAVE – Pellissippi State Community College
POLICY 06:07:03 LEAVE OF ABSENCE – Pellissippi State Community College
POLICY 06:07:07 SICK LEAVE – Pellissippi State Community College
TBR
Sex Discrimination, Sexual Harassment or Sexual Misconduct : 6.01.00.00
Sex Discrimination and Sexual Harassment : 6.02.00.00
Pregnancy, Childbirth, and Related Medical Conditions (Employees) : 6.04.00.00
Discrimination & Harassment – Complaint & Investigation Procedure : P-080
Family, Medical, and Service Member Leave : 5.01.01.14
Reviewed/Recommended: President’s Council, August 28, 2023
Approved: President L. Anthony Wise, Jr., August 28, 2023