Reasonable Accommodations for Pregnant Workers

Date: April 2025

Supersedes: N/A

Purpose

Montgomery County Community College is committed to creating an accessible and inclusive environment for all employees affected by pregnancy, childbirth and pregnancy-related conditions. This Policy addresses the College’s obligations under the Pregnant Workers Fairness Act (PWFA) and the Pennsylvania Human Relations Act to provide reasonable accommodations for all employees affected by pregnancy, childbirth or pregnancy-related conditions.

Policy

The College will reasonably accommodate employees and prospective employees for pregnancy and pregnancy-related conditions, absent undue hardship for the College. It is contrary to College policy to deny an employment opportunity or take adverse action against an individual because of pregnancy or a condition related to pregnancy, provided that the individual is capable of performing the essential functions of their position, with or without reasonable accommodation. Adverse action against employees in retaliation against those who in good faith request or use reasonable accommodations is likewise prohibited.

Definitions

1. Condition Related to Pregnancy: can be before, during or after pregnancy. Examples include, but are not limited to, morning sickness and postpartum depression.
2.  The Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act, require the College to provide appropriate and reasonable employment accommodations to employees with disabilities unless doing so would create an undue hardship, compromise the health and safety of members of the College community, or fundamentally alter the nature of the College’s employment or academic mission. The College engages in an interactive process with the employee to determine disability status and accommodation needs.
3. Undue Hardship: An action requiring significant difficulty, expense, and disruption (financial and/or administrative burden) or an action that would fundamentally alter policies and procedures, the nature of the job function, and/or the fundamental nature of the academic program at the College.

Violations

Employees who violate this policy may be subject to discipline. Failure to provide reasonable accommodation or modification for an employee who has demonstrated that they are affected by pregnancy, childbirth or pregnancy-related conditions could be considered discrimination on the basis of sex and would be evaluated under the College’s Non-Discrimination Policy.

State and Federal Agencies

In addition to the above, employees who believe that they may have been subjected to disability discrimination, harassment or retaliation, may file a formal complaint with government agencies set forth below. Using the College’s complaint process does not prohibit an employee from filing a complaint with these agencies.

• United States Equal Employment Opportunity Commission (“EEOC”)
  801 Market Street, Suite 1000
  Philadelphia, PA 19107-3126
  (800) 669-4000
  https://www.eeoc.gov/
• Pennsylvania Human Relations Commission (“PHRC”)
  Philadelphia Regional Office
  110 North 8th Street, Suite 501
  Philadelphia, PA 19107
  (215) 560-2496
  (215) 560-3599 TTY users only
  https://www.pa.gov/agencies/phrc.html