This policy incorporates and implements the University of Illinois System Statement on Sex Discrimination, which supplements the University of Illinois System Non-Discrimination Statement.
The University of Illinois is committed to creating and maintaining an equitable and inclusive environment for students and employees who are experiencing current, potential, or past pregnancy or related conditions. This policy addresses the university’s responsibilities involving pregnancy and related conditions under state and federal law, including Title IX of the Education Amendments of 1972, the Pregnancy Discrimination Act, the Pregnant Workers Fairness Act, the PUMP Act, the Illinois Human Rights Act and the Nursing Mothers in the Workplace Act.
This policy applies to all operations of the university, including all academic, educational, employment, extracurricular, athletic, admissions, application and hiring activities, leave policies and employment policies, and all other programs or activities of the university.
Students and employees who are affected by pregnancy or pregnancy-related conditions and who are seeking modifications and accommodations related to their education and/or work, including leaves of absence, may seek assistance under this policy.
Office of the Chancellor.
The University of Illinois does not discriminate against any person based on sex and prohibits sex discrimination in its education programs or activities. This prohibition on discrimination extends to any current, potential, or past pregnancy or related conditions.
Employees who violate this policy may be subject to discipline. The Sex-Based Misconduct Policy provides the policy and grievance procedures to address complaints of sex-based misconduct, including sex-based harassment, discrimination based on sex or retaliation. The Sex-Based Misconduct Policy also provides the policy and grievance procedures to address complaints alleging a failure to accommodate or provide reasonable modifications for pregnancy or related conditions.
The university will make reasonable modifications to the university’s policies, practices or procedures as necessary to prevent sex discrimination and ensure equal access to the university’s education program or activity. Reasonable modifications are determined on a case-by-case basis, through an interactive process with the student. The university will assist students with the full implementation of reasonable modifications they seek to utilize. If a student accepts the offered reasonable modification, the university must implement it. Students who are seeking a pregnancy-related modification should contact the Title IX coordinator, who is responsible for coordinating such modifications, as soon as practicable. Additional information about Reasonable Modifications can be found in the Processes/Procedures/Guidelines below.
A modification that would fundamentally alter the nature of its education program or activity is not a reasonable modification. Whether a modification would “fundamentally alter the nature of its education program or activity” is reviewed on a case-by-case basis.
Students can voluntarily take a leave of absence from the education program or activity to cover, at minimum, the period of time deemed medically necessary by the student’s licensed healthcare provider. To the extent that a student qualifies for leave under a leave policy maintained by the university that allows a greater period of time than the medically necessary period, the student is permitted to take voluntary leave under that policy instead if the student so chooses. When the student returns to the education program or activity, the student must be reinstated to the academic status and, as practicable, to the extracurricular status that the student held when the voluntary leave began.
Students who develop temporary medical condition due to pregnancy or a related condition may also submit a request for accommodations by contacting the Division of Disability Resources and Educational Services. The Title IX Office and DRES may simultaneously engage with students needing reasonable modifications and accommodations for a pregnancy and disability-related reason.
The university will ensure that the student can access a lactation space and be permitted to take lactation breaks. The Title IX Office can assist in implementing a reasonable modification for lactation breaks for students and in arranging a temporary private room when a permanently designated lactation room is not available.
All Employees
When any university employee is notified by a student, or a person who has a legal right to act on behalf of the student, of the student’s pregnancy or related conditions, the employee must promptly provide that person with the Title IX coordinator’s contact information and inform that person that the Title IX coordinator can coordinate specific actions to prevent sex discrimination and ensure the student’s equal access to the university’s education program or activity.
The following student employees also have this obligation when acting in the scope of their employment: Undergraduate student employees who are residential advisors, teaching assistants, and student patrol officers and all graduate student employees.
Employees who fail to provide the required information when notified by a student, or a person who has a legal right to act on behalf of the student, of the student’s pregnancy or related conditions, may be subject to discipline and referred to Illinois Human Resources or the Office of the Provost for appropriate action.
The university will provide reasonable accommodations to a qualified employee’s or applicant’s known limitations related to, affected by or arising out of pregnancy, childbirth, or related medical conditions, absent undue hardship, consistent with applicable law. Employees and applicants needing an accommodation(s) for pregnancy or related conditions should contact the Accessibility and Accommodations Division of the Office for Access & Equity.
The university will provide leave for pregnancy or related conditions, consistent with applicable law and University of Illinois System policies.
In the case of an employee with insufficient leave or accrued employment time to qualify for leave under applicable university policy, the university will treat pregnancy or related conditions as 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.
Leave may also constitute a reasonable accommodation under Section C.1. above.
Students seeking accommodation in the context of their student employment because of pregnancy or related conditions will be referred to Section C.1. of this policy. Student employees seeking modifications in the academic setting or in university activities will work with the Title IX Office as outlined in the above section.
The university will provide a lactation space and reasonable break time for an employee to express breast milk for such employee’s nursing child for no less than one year after the child’s birth, consistent with applicable law and University of Illinois System policy.
Employees can contact the Accessibility and Accommodations Division of the Office for Access & Equity for assistance with an accommodation for lactation breaks and in arranging a temporary private room when a permanently designated lactation room is not available.
The university will provide reasonable accommodations upon request for a person’s pregnancy or pregnancy-related condition when failing to do so would deny that person the full and equal enjoyment of the university’s facilities, services, programs and activities. Members of the public who need reasonable accommodation in the context of a university-sponsored event should contact the sponsoring unit.
Nothing in this section limits the rights of any person under the Americans with Disabilities Act, the Family Medical Leave Act or any other law or policy.
Breastfeeding is a term used to describe the process of feeding breast milk to an infant directly from the breast. Also called nursing.
Chestfeeding is a term used by individuals, including some masculine-identified transgender or non-binary individuals, to describe feeding a baby milk from one’s chest.
Expressing milk is the process of extracting milk out of one’s breasts or chest other than when a baby is feeding. Also called pumping milk.
Fundamental alteration is a change to a university program, service or activity that is so significant it alters the essential nature of the program, service, or activity.
Known Limitation means a physical or mental condition related to, affected by or arising out of pregnancy, childbirth, or related medical conditions, which an employee or applicant (or representative thereof) has communicated to their supervisor or HR representative.
Lactation space means a space other than a bathroom, that is clean, shielded from view, free from intrusion from others and may be used for expressing milk or breast/chestfeeding as needed. The lactation space must be regularly cleaned, have electricity, appropriate seating, a surface sufficient to place a breast pump and be in reasonable proximity to a sink and running water. For employees, the space must also be in reasonable proximity to the employee’s usual work area and a refrigerator for storing milk.
Parental status means the status of a person who, with respect to another person who is under the age of 18 or who is 18 or older but is incapable of self-care because of a physical or mental disability, is: (1) A biological parent; (2) an adoptive parent; (3) A foster parent; (4) A stepparent; (5) A legal custodian or guardian; (6) in loco parentis with respect to such a person; or (7) actively seeking legal custody, guardianship, visitation or adoption of such a person.
Person who has a legal right to act on behalf of a student is a person who, with respect to a student who is under the age of 18 or who is 18 or older but is incapable of self-care because of a physical or mental disability, is: (1) a biological parent; (2) an adoptive parent; (3) a foster parent; (4) a stepparent; (5) a legal custodian or guardian; (6) in loco parentis with respect to such a person; or (7) actively seeking legal custody, guardianship, visitation, or adoption of such a person.
Pregnancy or related conditions includes:
Reasonable accommodation is a change or adjustment to a job-related activity, employment practice or work environment that permits a qualified applicant or employee to participate in the job application process, to perform the essential functions of a job or to enjoy equal benefits and privileges of employment.
Reasonable modification is a modification, based on the student’s individualized needs, made to the university’s policies, practices or procedures as necessary to prevent sex discrimination and ensure equal access to the education program or activities available at the University of Illinois.
Undue hardship is defined as an “action requiring significant difficulty or expense” when considered in light of a number of factors. These factors include the nature and cost of the modification or accommodation in relation to the size, resources, nature and structure of the university’s operation. The university is not required to provide an accommodation or a modification if it will impose an undue hardship on the operation of the university. Accordingly, whether a particular accommodation or modification will impose an undue hardship must always be determined on a case-by-case basis.
Reporting Discrimination, Harassment, or Retaliation
Students or employees who report experiencing harassment, discrimination and/or retaliation because they are affected by pregnancy or related conditions can report to:
Title IX Office
614 E. Daniel Street, Suite 303
Champaign, IL 61820
(217) 333-3333
titleixcoordinator@illinois.edu
Or by using the online public incident reporting form. Reports are evaluated under the university’s Sex-Based Misconduct Policy.
For Students
Students may contact the Title IX Office for any questions about this policy, support available, and for assistance with reasonable modifications and leaves of absence.
Reasonable Modifications Requests and Process
Information about reasonable modifications, how to request a reasonable modification and the related process is available on Title IX Office: Pregnancy and Related Conditions.
Supporting Documentation Guidance
Guidance for when supporting documentation is needed and what should be included can be found at Title IX Office: Pregnancy and Related Conditions.
For Employees
Guidance for Employees Notified of Student Pregnancy or Related Condition
Guidance for any employee notified of a student pregnancy or related condition, including a sample syllabus statement and sample email responses, can be found at Title IX Office: Pregnancy and Related Conditions.
Employee Accommodations
Procedures, request forms and other information for employees (including student employees) wishing to request a reasonable accommodation due to pregnancy, childbirth or related medical conditions, including lactation, can be found at:
The Office for Access & Equity: Accessibility & Accommodations Division
614 E. Daniel Street, Suite 303
Champaign, IL 61820
(217) 333-0885
accessibility@illinois.edu
Questions about Student Modifications
Questions about the provision of student reasonable modifications should be directed to the Title IX Office. Information regarding informal discussion and request for reconsideration of student modifications can be found at Title IX Office: Pregnancy and Related Conditions.
Related Policies
Nursing Mothers in the Workplace – System Human Resource Services
Pregnancy Leave – System Human Resource Services
Parental Leave – System Human Resource Services
Parental Leave for Graduate Assistants (CAM HR-53)