Pregnancy Accommodations Policy

Arcadia University (“Arcadia” or the “University”) has adopted this Pregnancy Accommodations Policy (the “Policy”) to advance its goal of maintaining a living, learning, and working environment that supports and respects the rights of individuals experiencing Pregnancy or Related Conditions, and which is free of sex-based discrimination, including discrimination based on Pregnancy or Related Conditions, Parental Status, Family Status, and/or Marital Status.

This Policy is intended to govern Arcadia’s implementation of relevant federal, state, and local laws including, but not limited to, Title IX of the Education Amendments of 1972 (“Title IX”); Pregnant Workers Fairness Act (“PWFA”); Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”); Title VII of the Civil Rights Act of 1964 (“Title VII”); Pregnancy Discrimination Act of 1978 (“PDA”); Family and Medical Leave Act (“FMLA”); Americans with Disabilities, as amended (“ADA”); and/or Section 504 of the Rehabilitation Act of 1973 (“Section 504”).

Including in determining whether a person satisfies any University admissions policy or criterion, or in making any offer of admission, Arcadia will not discriminate against, or adopt or implement any policy, practice, or procedure that discriminates, against any student or applicant for admission on the basis of current, potential, or past Pregnancy or Related Conditions. 

Arcadia will not make pre-admission inquiry as to the Marital Status of an applicant, including whether an applicant is “Miss or Mrs.” Arcadia may ask an applicant to self-identify their sex, but only when asking this question of all applicants. The response will not be used as a basis for discrimination.

Arcadia will not adopt or implement any policy, practice, or procedure concerning the current, potential, or past Parental, Family, or Marital Status of an applicant or student that treats persons differently on the basis of sex. 

Arcadia will not discriminate against any employee or applicant for employment on the basis of current, potential, or past Pregnancy or Related Conditions, including whether the employee or applicant has a need for reasonable accommodations related to Pregnancy or Related Conditions. 

Arcadia will not make pre-employment inquiry as to the Marital Status of an applicant, including whether an applicant is “Miss or Mrs.” Arcadia may ask an applicant to self-identify their sex, but only when asking this question of all applicants. The response will not be used as a basis for discrimination.

Arcadia will not adopt or implement any policy, practice, or procedure, or take any employment action, concerning the current, potential, or past Parental, Family, or Marital Status of an employee or applicant that treats persons differently on the basis of sex,  or which is based upon whether an employee or applicant for employment is the head of household or principal wage earner in such employee’s or applicant’s family unit. 

Potential lapses in the facilitation of reasonable modifications or accommodations due to Pregnancy or Related Conditions, and/or incidents of discrimination, harassment, or retaliation, should be promptly reported to:

Inquiries may also be directed externally to the United States Department of Education’s Office for Civil Rights (“OCR”), or to the Equal Employment Opportunity Commission, as applicable, contact for each of which follows.

Arcadia may offer students voluntary participation in a separate portion of its education programs or activities when comparable to what is offered to students who are not experiencing Pregnancy or Related Conditions.

Arcadia will not require a student, due to Pregnancy or Related Conditions, to provide certification from a physician or other licensed healthcare provider that the student is physically able to participate in classes, programs, or student activities unless such certification is necessary, required for all participating students, and not used as a basis for discrimination.

An Arcadia student experiencing Pregnancy or Related Conditions is allowed a voluntary leave of absence to cover, at minimum, the period of time deemed medically necessary by the student’s physician or other licensed healthcare provider. If other University leave policy allows a greater span of time than this period, the student is permitted to take leave under that policy instead. Additional information about student leaves of absence is available on the Registrar’s website. Upon return, the student will be reinstated to the academic and, as practicable, extracurricular status that the student held when the leave began.

Arcadia will provide reasonable break time for a student to express breast milk or breastfeed/chestfeed as needed, and make available a lactation space, other than a bathroom, that is clean, shielded from view, free from intrusion from others, and may be used by a student for expressing breast milk or breastfeeding/chestfeeding as needed.  This space is located in Room #109 of the Dining Hall Building, and Public Safety is able to provide the security code for entering that space.

Students are entitled to reasonable modifications to University policies, practices, or procedures because of Pregnancy or Related Conditions on an individualized and voluntary basis depending on the student’s needs when necessary to prevent discrimination and ensure equal access, unless the modification would fundamentally alter the educational program or activity. 

Reasonable modifications may include, but are not limited to:

Arcadia will not require students to provide supporting documentation unless necessary and reasonable to evaluate the modification(s) requested to address the student’s limitation due to Pregnancy or Related Conditions. Supporting documentation will by definition be not necessary and reasonable when:

All student medical records and information will be kept confidential.

Students seeking modifications related to Pregnancy or Related Conditions should contact the Director of OECR/Title IX Coordinator.

Arcadia will respond promptly to requests for modifications, and will engage in an interactive process with the student to determine reasonable modifications. Arcadia appreciates that different modifications may be requested at different times during a pregnancy, before or after childbirth, and in response to changing Related Conditions. Arcadia is not obligated to provide a requested modification if another modification would be effective, but if a student accepts an offered modification, it must be implemented.

Please note that a healthy pregnancy is not a disability. But, under circumstances when a student has one or more impairments related to their pregnancy that qualify as a “disability” under the ADA or Section 504, the student may (also) be entitled to reasonable modifications for the disability pursuant to the Disability Support Services Policy for Students. In all cases, due care will be taken to ensure that the student’s rights are respected and supports are extended under the appropriate process.

For a University employee, Pregnancy or Related Conditions may be a justification for a voluntary leave of absence without pay for a reasonable period of time, at the conclusion of which the employee shall be reinstated to the status held when the leave began or to a comparable position, without decrease in rate of compensation or loss of promotional opportunities, or any other right or privilege of employment. This is so even in the event an employee is not otherwise qualified for a leave, or if no leave or insufficient leave is available. 

Again, the foregoing pertains to a voluntary leave of absence without pay. Income and job protection for leaves of absence may be provided for under other Arcadia policies. Additional information about employee leaves of absence is available in the Staff Handbook.

Arcadia will provide reasonable break time for an employee to express breast milk or breastfeed/chestfeed as needed, and make available a lactation space, other than a bathroom, that is clean, shielded from view, free from intrusion from others, and may be used by an employee for expressing breast milk or breastfeeding/chestfeeding as needed. 

This Policy provision pertains to both exempt and nonexempt employees. For nonexempt employees, the employee must be relieved of duties during such breaks, or must be paid for the time.

Qualified employees (faculty and staff) and applicants are entitled to reasonable accommodations for known limitations (i.e., physical or mental conditions) related to, affected by, or arising out of the employee or applicant’s Pregnancy or Related Conditions. Reasonable accommodations may not cause an undue hardship to the University and may include, but are not limited to:

A qualified employee or applicant is one:

An employee or applicant’s limitations are considered known to the University if the employee or applicant has communicated to Arcadia (a) their limitation(s), and (b) that they need an adjustment or change in their working conditions due to their limitation(s). Arcadia requires supervisory employees to notify the Director of OECR/Title IX Coordinator when an employee has disclosed limitations related to Pregnancy or Related Conditions and a corresponding need for reasonable accommodations, as discussed further below in the section of this Policy pertaining to “Notification Requirements (Employee).”

Employees may be asked to provide documentation if reasonable under the circumstances. Documentation will not be required:

When documentation is required, it will be limited in scope to confirming the physical or mental condition at issue; that the limitation is related to, affected by, or arising out of Pregnancy or Related Conditions; and the needed adjustments or changes due to the limitation. Documentation will be kept confidential.

Employees seeking accommodations related to Pregnancy or Related Conditions should contact the Office of Human Resources at humanresources@arcadia.edu or 215-572-2173.

Arcadia will respond promptly to requests for accommodations, and will engage in an interactive process with the employee to determine reasonable accommodations. Arcadia appreciates that different accommodations may be requested at different times during a pregnancy, before or after childbirth, and in response to changing related conditions. Arcadia is not obligated to provide a requested accommodation if another accommodation would be effective.

Please note that a healthy pregnancy is not a disability. But, under circumstances when an employee has one or more impairments related to their pregnancy that qualify as a “disability” under the ADA, the employee may (also) be entitled to reasonable accommodations for the disability pursuant to the Disability Support Services Policy for Employees and Applicants. In all cases, due care will be taken to ensure that the employee’s rights are respected and supports are extended under the appropriate process.

When any University employee is informed by a student of that student’s Pregnancy or Related Conditions, the employee must, unless the employee reasonably believes the Director of the Office of Equity and Civil Rights/Title IX Coordinator, has already been notified, promptly inform the student of their contact information and that they can coordinate specific actions to prevent sex discrimination and ensure equal access to University education programs or activities by promptly providing notice of nondiscrimination and informing the student of the University’s obligations. These include:

Failure to satisfy this obligation may result in disciplinary action.

As noted, an employee or applicant’s limitations are considered known to Arcadia if they have communicated to the University (a) their limitation(s), and (b) that they need an adjustment or change in their working conditions due to their limitation(s). As such, Arcadia requires supervisory employees to notify the Office of Human Resources, at 215-572-2173 or humanresources@arcadia.edu, in writing when an employee has disclosed limitations related to Pregnancy or Related Conditions and a corresponding need for accommodations.

Failure to satisfy this obligation may result in disciplinary action.

Arcadia has a seven-year record retention period for any records documenting the actions taken to satisfy its obligations to prevent discrimination and ensure equal access for individuals due to Pregnancy or Related Conditions, including facilitating modifications for students and facilitating accommodations, leave, and/or lactation time and space for employees.

Arcadia will not retaliate, nor will it permit retaliation, against any student, employee, or applicant who requests, receives, or uses a reasonable modification or accommodation in connection with Pregnancy or Related Conditions; reports or opposes discrimination or harassment related to Pregnancy or Related Conditions or other conduct inconsistent with this Policy, internally or externally (such as by making a complaint or charge); or participates in any related investigation, proceeding, or hearing.

Arcadia encourages individuals who have been affected by discrimination, harassment, and/or retaliation to promptly make a report using the reporting options described in this Policy. Arcadia will respond promptly and equitably to all reports of discrimination, harassment, and/or retaliation, and will take appropriate steps to eliminate the behavior, prevent its recurrence, and address its effects.

Family Status: Refers to the configuration of a person’s family or their role in a family. 

Marital Status: Refers to whether or not a person is married. 

Parental Status: Refers to the status of a person who, with respect to another person under the age of 18, or who is 18 or older but incapable of self-care because of a physical or mental disability, is: a biological parent; adoptive parent; foster parent; stepparent; legal custodian or guardian; in loco parentis; or actively seeking legal custody, guardianship, visitation, or adoption. 

Pregnancy or Related Conditions: Pregnancy, childbirth, termination of pregnancy, or lactation, and related medical conditions and/or recovery.

/s/ Ajay Nair
Ajay Nair, President

Date: November 6, 2024