REG 05.00.04 Reasonable Accommodations for Employees Related to Pregnancy, Childbirth, or Related Medical Conditions

Authority: Executive Vice Chancellor and Provost

History: First Issued: July 23, 2024 with an Effective Date of August 1, 2024.

Contact Info: Vice Provost for Equal Opportunity (919-515-4559)

Related Policies:

NCSU POL 04.25.05 – Equal Opportunity, Non-Discrimination, and Affirmative Action Policy

NCSU POL 05.30.01 – Medical and Parental Leave for 9-Month Faculty
NCSU REG 05.25.01 – SHRA Employee Performance Pay Dispute Resolution
NCSU REG 05.25.02 – SHRA Grievance and Appeal
NCSU REG 05.00.02 – Reasonable Accommodations in Employment
UNC System Policy – University Paid Parental Leave Policy
Additional References:

Faculty and Staff Assistance Program
Pregnancy and Parenting
Pregnancy or Pregnancy-Related Condition Modification or Accommodation request form
University Human Resources

1. Introduction

This regulation serves as a companion to NCSU POL 04.25.05 (“Equal Opportunity and Nondiscrimination Policy”). As required by law,[1] North Carolina State University (“NC State” or the “University”) provides Reasonable Accommodations to Qualified Employees with a Known Limitation related to, due to, or arising out of Pregnancy, Childbirth, or Related Medical Conditions.

NC State makes Reasonable Accommodation(s) to the Known Limitations of a Qualified Employee related to Pregnancy, Childbirth, or Related Medical Conditions absent Undue Hardship.

2. Definitions

For purposes of this regulation, the following definitions shall apply:

2.1.      Employee: Any employee of the University including full-time, part-time, or temporary employees and student employees. For purposes of this regulation, the term “Employee” shall also include applicants for employment with the University.

2.2.      Essential Functions: The fundamental job duties of a position an Employee holds or desires. Deciding what is an essential function will be determined by reviewing an Employee’s job description and the actual duties performed by the employee. A partial list of factors that can be considered in determining Essential Functions includes:

  1. a supervisor’s judgment as to the fundamental job duties;
  2. written job descriptions and specifications prepared before advertising or interviewing applicants for a job;
  3. the employee’s job duties and responsibilities as listed on their performance appraisal or other performance documentation;
  4. the amount of time spent performing the function;
  5. the consequences of not requiring the Employee to perform the function;
  6. if the position exists to perform the specific function;
  7. if there are a limited number of employees available among whom the performance of a specific function can be distributed; and/or
  8. if the Employee was hired for their expertise or ability to perform the particular function.

2.3.      Qualified Employee: An Employee seeking accommodation through this regulation who is:

  1. an Employee who satisfies the pre-requisites of a position desired or held and can perform the Essential Functions of the position, with or without an accommodation(s); or
  2. an Employee who cannot perform one or more Essential Functions of the job if the inability to perform the Essential Function(s) is temporary, the Essential Function(s) could be performed in the near future (i.e., for a current pregnancy, generally 40 weeks from the start of the temporary suspension of an Essential Function), and the inability to perform the Essential Function(s) can be reasonably accommodated without an undue hardship on the operation of the University.

2.4.      Limitation: A physical or mental condition related to, affected by, or arising out of Pregnancy, Childbirth, or Related Medical Conditions whether or not such conditions meet the definition of disability under the ADA. “Physical or mental condition” is an impediment or problem that may be modest, minor, and/or episodic. The physical or mental condition also may be that an employee with a known limitation related to, due to, or arising out of Pregnancy, Childbirth, or Related Medical Conditions, has a need or problem related to maintaining their 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 itself.

A Limitation becomes a “Known Limitation” when the Limitation is communicated by the Employee or the Employee’s representative to a supervisor, a manager, someone who has supervisory authority for the Employee or who regularly directs the Employee’s tasks (or the equivalent for an applicant), human resources personnel, or the Vice Provost for Equal Opportunity, or by following the steps for seeking an accommodation as laid out in Sections 3 and 4 below.

2.5.      Pregnancy or Childbirth: The pregnancy or childbirth of the specific Employee in question and includes, but is not limited to, current pregnancy; past pregnancy; potential or intended pregnancy (which can include infertility, fertility treatment, and the use of contraception); labor; and childbirth (including vaginal and cesarean delivery).

2.6.      Reasonable Accommodation: Any change or modification in the work environment, policy, or practice that enables a Qualified Employee to enjoy equal opportunities and that does not create an undue hardship on the operation of the University.

2.7.      Related Medical Conditions: Medical conditions relating to the Pregnancy or Childbirth of the specific Employee in question.

2.8.      Supporting documentation: Documentation that is sufficient to:

  1. Confirm the Limitation (i.e., confirm the physical or mental condition and that physical or mental condition is related to, affected by, or arising out of Pregnancy, Childbirth, or Related Medical Conditions; and
  2. Describe the change or adjustment at work needed due to the Limitation.

2.9.      Undue Hardship: Significant difficulty or substantial expense incurred by the University in providing a specific accommodation to a Qualified Employee.

2.10.    Vice Provost for Equal Opportunity:  The Vice Provost for the Office of Equal Opportunity or their designee coordinates equal opportunity compliance under NCSU POL 04.25.05 and serves as the ADA Coordinator and Title IX Coordinator.

3. Requesting a Reasonable Accommodation

To request a Reasonable Accommodation, the Employee or the Employee’s representative need only communicate to the University that the Employee needs an adjustment or change at work due to their Limitation. The communication may be made to a supervisor, a manager, someone who has supervisory authority for the Employee or who regularly directs the Employee’s tasks (or the equivalent for an applicant), human resources personnel, or the Vice Provost for Equal Opportunity, or by submitting a request to the OEO through one of the following means:

  1. In person by speaking to the Vice Provost for Equal Opportunity or to any of the Equal Opportunity Officers (EOO) of the OEO;
  2. By delivering, mailing, or otherwise transmitting notification to the OEO;
  3. By calling the OEO at (919) 513-0574;
  4. By emailing the notification to equalopportunity@ncsu.edu; or
  5. By completing the OEO online Pregnancy or Pregnancy-Related Condition Accommodation Request
4. Process for Reasonable Accommodation(s)

Once a request for Reasonable Accommodation is made as set forth in Section 3 above:

4.1.      The EOO will initiate an informal, interactive process with the Employee seeking an accommodation to determine if the Employee is a Qualified Employee, identify the Limitation and the adjustment or change at work that is needed due to the Limitation, if either of these is not clear from the request, and identify potential Reasonable Accommodations.

4.2.      When reasonable under the circumstances, the EOO may request Supporting Documentation from an Employee in order to make an eligibility determination.

4.3       If the Employee is identified as a Qualified Employee, the EOO will notify the Employee and their supervisor of eligibility for accommodation and will facilitate the interactive process between the Employee and the supervisor in the unit/department to determine what Reasonable Accommodations would be available to the Employee.

4.3.1.   During the interactive process, the EOO, as the facilitator, is responsible for:

  1. Ensuring that the parties understand the interactive process;
  2. Offering suggestions for possible accommodations that will allow the Employee to perform the Essential Functions of the job and/or participate in a program or event; and
  3. Ensuring that the Employee is provided with a written decision on the requested accommodation(s) within a reasonable amount of time, considering the date that the individual’s eligibility was determined.

4.3.2.   During the interactive process, the Employee is responsible for:

  1. Communicating the Limitation and the adjustment or change at work that is needed due to the Limitation, and
  2. Suggesting specific potential accommodations that will allow them to perform the Essential Functions of the job.

4.3.3.   During the interactive process, the supervisor is responsible for:

  1. Analyzing the Employee’s particular role to determine the Essential Functions of the Employee’s job;
  2. Assessing whether the Employee’s requested accommodations are reasonable and if they will likely overcome the Known Limitations as related to the workplace environment; and
  3. Making the decision regarding what, if any, accommodations will be implemented.

4.4.      Reasonable Accommodations and Undue Hardship

4.4.1.   The determination of whether the accommodation(s) is reasonable and does not impose an Undue Hardship on the unit/department will be made on a case-by-case basis.

4.4.2.   An Employee is not required to accept an accommodation. However, if the Employee rejects a Reasonable Accommodation that would enable the Employee to perform the Essential Functions of the job, the Employee will no longer be considered a Qualified Employee.

4.4.3.   The University recognizes that needs associated with Pregnancy, Childbirth, or Related Medical Conditions may change over time. The Employee can seek review of Reasonable Accommodations in place or seek new or different Reasonable Accommodations as appropriate.

5.         Grievance Procedures

In the event of a dispute about a determination regarding requested accommodations, the Employee may request an Accommodation Reconsideration through the OEO. To initiate this process, the Employee should submit a request for reconsideration in writing to the Vice Provost for Equal Opportunity within 14 calendar days following the receipt of the written modification determination.

Employees who have complaints related to discrimination or harassment on the basis of Pregnancy, Childbirth, or Related Medical Conditions should follow the established procedures set forth in REGs 04.25.02 or 04.25.08 as applicable.

6.         Confidentiality

That an Employee is Pregnant, has recently been Pregnant, or has a Related Medical Condition is medical information. Such medical information will be kept confidential pursuant to state and federal law. Moreover, personally identifiable information will not be disclosed except to carry out the purposes of this regulation and/or as allowed or required by applicable law. Pursuant to applicable law, supervisors and managers may be informed regarding accommodations and necessary restrictions on the work or duties of the Employee.

[1]See, for example, the Pregnant Workers Fairness Act (“PWFA”) of 2023, Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”) of 2022, Americans with Disabilities Act of 1990 (“ADA”), Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act of 1978, Title IX of the Educational Amendments of 1972 (“Title IX”), and state law.