Pregnancy Workers Fairness Act (PWFA) (42 U.S.C. § 2000gg-1) AND PROVIDING URGENT MATERNAL PROTECTIONS FOR NURSING MOTHERS (PUMP) ACT (29 U.S.C § 218d)

I.  Purpose Statement-  Non-Discrimination and Anti-Harassment; Title IX | Oakland Community College (OCC) is committed to providing equal opportunity and providing reasonable accommodations to qualified pregnant faculty and staff in accordance with the Pregnancy Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for nursing mothers (PUMP) Act, unless the accommodation would cause undue hardship. OCC will also provide reasonable accommodations to applicants for employment who seek an accommodation in the job application process due to pregnancy related limitations.

II.  Policy | The PWFA requires employers to provide reasonable accommodations to address a worker’s known physical or mental limitations due to pregnancy, childbirth and related conditions. The PWFA’s accommodation provisions are based on the Americans with Disabilities Act (ADA). Unlike the ADA, and after the “interactive process” the PWFA may require the temporary elimination of an essential job function. The essential functions of the position must be performed in the near future.

The PUMP Act expands protections of employees who are nursing and provides for reasonable breaktimes for nursing employees to pump breastmilk during the workday. OCC has several lactation spaces (PDF) available across campuses. In some circumstances, a private office with a locking door may also be approved.

III.  Scope | This policy applies to all current workers executive managers, faculty, academic staff, support staff, and student employees.

IV. Definitions | 

Known Limitations – Physical or mental condition related to, affected by, or arising out of pregnancy, childbirth or related medical conditions that an employee or employee’s medical representative has communicated to OCC.

Qualified Employee – An employee or applicant who, with or without a reasonable accommodation, can perform the essential functions of the employment position. The employee or applicant shall be considered qualified if all the following factors apply:

• • • • • Any inability to perform the essential functions is for a temporary period;
        • The essential function could be performed in the near future; and
        • The inability to perform the essential function can be reasonably accommodated without undue hardship.

Reasonable Accommodation | Changes to the work environment or the way things are usually done at work.

Suggested Possible Accommodations - Reasonable accommodations must be examined on a case-by-case basis in consideration of the employee’s needs and the needs of the department. Some undue hardship possible accommodations include the following (not meant to be exhaustive):

• • • • • close parking
        • water breaks
        • appropriately sized uniforms and safety gear
        • workspace adjustments
        • additional breaktime for bathroom, eat and rest
        • exemptions from strenuous activities
        • leave time to recover from childbirth

Undue Hardship | An accommodation that causes significant difficulty or expense.

V. Procedures & Confidentiality

Employees in need of a pregnancy related accommodation should contact Human Resources. Human Resources will communicate with the employee to engage in the “interactive process” to discuss:

• The essential job functions of the position
• Possible reasonable accommodations
• Whether or not a possible accommodation would impose an undue hardship

Reasonable accommodations will vary, depending upon the individual circumstances of each employee. When evaluating alternatives for accommodations, the preferences of the individual will be considered, but the ultimate decision regarding the accommodation, if any, will be made by the HR Specialist.

The HR Specialist will provide the employee with a form to be filled out by the employee’s medical professional. Any documents obtained by the College as part of the accommodation process that reflect diagnosis, evaluation, or treatment of an employee’s medical condition are kept confidential. Such documents will be shared with OCC employees and supervisors on a “needs to know” basis, and will not be released except as required by law.

Employees and supervisors who have questions regarding specific accommodations should contact Human Resources.

If you are pregnant and require a reasonable accommodation, please submit your request to HR@oaklandcc.edu.

Employees who develop a disability due to pregnancy, childbirth or related medical condition, should refer to: ada-reasonable-accommodations

IV. Appeals | If an employee disagrees with the accommodation determination, they may appeal to the Vice Chancellor of Human Resources at (HR@oaklandcc.edu).

VII. Additional Resources:
EEOC.gov/Pregnancy Discrimination
Equal Employment Opportunity Commission
Phone: 1-800-669-4000
Fax: 313-226-4610
TTY: 1-800-669-6820
Michigan Department of Civil Rights
Phone: 1-800-482-3604
Fax: 313-456-3701

Change Log:

• 04/07/25 Effective Date