403.40 - Pregnancy Discrimination

The Linn-Mar Community School District will comply with all federal and state laws concerning the employment of persons who are affected by a current pregnancy, past pregnancy, potential pregnancy, or other medical conditions related to pregnancy or childbirth.

The Linn-Mar Community School District will not discriminate against women affected by pregnancy, childbirth, or related medical conditions in regard to application procedures; hiring; advancement; discharge; compensation; training; or other terms, conditions, and privileges of employment including medical benefits and leave. The Linn-Mar Community School District prohibits the harassment of a women because of pregnancy, childbirth, or related medical conditions.  

The Linn-Mar Community School District will reasonably accommodate individuals whose pregnancy-related impairment is considered a disability under the Americans with Disabilities Act (ADA) so that they can perform the essential functions of a job.  

An individual who can be reasonably accommodated for a job without undue hardship will be given the same consideration for that position as any other applicant.

The Linn-Mar Community School District will also accommodate nursing mothers for up to one year after the birth of their child by providing a reasonable break time and a private location, other than a bathroom, to express milk.

Definitions: As used in this policy, the following terms referenced from the Americans with Disabilities Act have the indicated meaning and will be adhered to in relation to Policy 403.40 Pregnancy Discrimination:

• Disability refers to a physical or mental impairment that substantially limits one or more of the major life activities of an individual. An individual who has such an impairment, has a record of such an impairment, or is regarded as having such an impairment is a disabled individual.
• Qualified individual with a disability means an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that the individual holds or has applied for.
• Reasonable accommodation means making existing facilities readily accessible to and usable by individuals with disabilities, job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, adjustment or modification of examinations, adjustment or modification of training materials, and similar activities.
• Undue hardship means an action requiring significant difficulty or expense by the employer. The factors to be considered in determining an undue hardship include: 1) the nature and cost of the accommodation; 2) the overall financial resources of the district; 3) the number of persons employed; 4) the effect on expenses and resources or other impact upon the district; 5) the overall number of employees; and 6) the operations of the entire district. These are not all of the factors but merely examples.
• Essential job functions refers to those activities of a job that are the core to performing said job for which the job exists that cannot be modified.

Adopted: 3/06
Reviewed: 3/11; 12/11; 4/13; 9/14; 8/17; 6/20; 4/23
Legal Reference (Code of Iowa): § 281-95.3 (256); 29 CFR Part 1630; 161-8.26 (216);
ADA Amendments; EEOC Notice 915.003 7/14/2014; FLSA Section 4207