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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 condition that is 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 the Pregnancy Discrimination policy.

  • 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
Legal Reference (Code of Iowa): § 281-95.3 (256); 29 CFR Part 1630; 161-8.26 (216);
ADA Amendments; EEOC Notic 915.003 7/14/2014; FLSA Section 4207