1.0 Policy Purpose
The purpose of this Pregnancy Policy (“Policy”) is to advance Brown University’s (“Brown” or “the University”) goal of maintaining a living, learning, and working environment that 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 meet the University’s obligations under 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 Act (ADA); and Section 504 of the Rehabilitation Act of 1973 (Section 504).
2.0 To Whom the Policy Applies
This Policy applies to Applicants, Employees, and Students (“Covered Persons”), as defined below.
3.0 Policy Statement
3.1 Nondiscrimination of Students and Applicants for Admission
In determining whether a person satisfies any University admissions policy or criterion, or in making any offer of admission, the University will not discriminate against, or adopt or implement any policy, practice, or procedure that discriminates, against any person on the basis of current, potential, or past Pregnancy or Related Conditions.
The University will not make pre-admission inquiry as to the Marital Status of an Applicant, including whether an Applicant is “Miss or Mrs.” The University 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.
The University 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.
3.2 Nondiscrimination of Employees and Applicants for Employment
The University 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.
The University will not make a pre-employment inquiry as to the Marital Status of an Applicant, including whether an Applicant is “Miss or Mrs.” The University 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.
The University 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.
3.3 Rights of Students Experiencing Pregnancy or Related Conditions
3.3.1 Voluntary Participation of Separated Education Programs or Activities
The University may offer Students voluntary participation in a separate portion of its education program or activity when comparable to what is offered to Students who are not experiencing Pregnancy or Related Conditions.
3.3.2 No Requirement of Medical Certification for Participation
The University 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 necessary, required for all participating Students, and not used as a basis for discrimination.
3.3.3 Leave of Absence
A 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 another University leave policy allows a greater span of time than this period, the Student is permitted to take leave under that policy instead.
- Undergraduate Students who want to take a personal leave of absence should meet with an academic advising dean to discuss their plans and complete any required forms.
- Undergraduate Students who want to take a medical leave of absence should contact Student Support Services at Studentsupport@brown.edu or (401) 863-3145.
- Graduate Students who want to take a personal, medical or family leave of absence should contact the Associate Dean of Student Support in the Graduate School or the Assistant Dean of Student Affairs in the School of Professional Studies and consult the leave of absence section of the Graduate School Handbook.
- Medical Students who want to take a personal or medical leave of absence should consult the Requesting Time Away policy and contact the Associate Dean for Student Affairs.
Upon return from leave, all Students will be reinstated to the academic and, as practicable, extracurricular status that the Student held when the leave began.
Students studying at Brown on a visa should consult with the Office of International Student and Scholar Services (OISSS) to discuss the implications of a leave of absence on their immigration status and/or student visa. Likewise, student-athletes should consult with the Athletics Compliance Office on the implications of a leave of absence on athletic eligibility.
3.3.4 Lactation-Related Accommodations
The University will provide reasonable break time for a Student to express breast milk or breastfeed/chestfeed as needed. The University will make available a lactation space, other than a bathroom, that is clean, shielded from view, free from intrusion from others, and in close proximity to the study area that may be used by a Student for expressing breast milk or breastfeeding/chestfeeding as needed. A list of lactation rooms on Brown’s campuses, and other lactation resources, are available at Lactation Resources (Human Resources).
In accordance with Rhode Island state law, a parent may breastfeed/chestfeed their child in any place open to the public on campus.
3.3.5 Reasonable Modifications
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 education program or activity.
Reasonable modifications may include, but are not limited to:
- breaks to attend to health needs, including for expressing breast milk or breastfeeding/chestfeeding;
- excused absences to attend medical appointments;
- access to online instruction;
- changes in schedule or course sequence;
- extensions of time for coursework;
- rescheduling of tests and examinations;
- counseling;
- changes in physical space or supplies; and/or
- elevator access.
3.3.5.1 Supporting Documentation for Reasonable Modifications
The University 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:
- the need for the specific action is obvious;
- the Student has previously provided sufficient supporting documentation;
- the reasonable modification relates to drinking water, using a bigger desk, and/or the need to sit, stand, or take breaks to eat, drink, or use the restroom;
- the Student has lactation-related needs; or
- the requested specific action is available to Students for reasons other than Pregnancy or Related Conditions without the submission of supporting documentation.
All Student medical records and information will be kept confidential.
3.3.5.2 Requesting Reasonable Modifications
Students seeking modifications related to Pregnancy or Related Conditions should contact Student Accessibility Services (SAS). Note: Although this function has been delegated to Student Accessibility Services (SAS), the University’s Title IX Coordinator has ultimate responsibility at Brown for facilitating the provision of a non-discriminatory environment and equal access to individuals experiencing Pregnancy or Related Conditions.
The University will respond promptly to requests for modifications. The University will engage in an interactive process with the Student to determine reasonable modifications. The University appreciates that different modifications may be requested at different times during a pregnancy, before or after childbirth, and in response to changing Related Conditions. The University 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 accommodations for the disability pursuant to the process managed by Student Accessibility Services (SAS). In all cases, due care will be taken to ensure that the Student’s rights are respected and support is extended under the appropriate process.
3.4 Rights of Employees Experiencing Pregnancy or Related Conditions
3.4.1 Leave of Absence
For an 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. Employees who want to take a leave of absence for Pregnancy or a Related Condition should contact the UHR Employee Accommodation Services at Leave_Admin@brown.edu or (401) 863-5550.
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 University policies.
3.4.2 Lactation-Related Accommodations
The University will provide reasonable break time for an Employee to express breast milk or breastfeed/chestfeed as needed. This Policy provision pertains to both exempt and non-exempt Employees. For non-exempt Employees, the Employee must be relieved of duties during such breaks, or must be paid for the time.
The University will make available a lactation space, other than a bathroom, that is clean, shielded from view, free from intrusion from others, and close to the work area that may be used by an Employee for expressing breast milk or breastfeeding/chestfeeding as needed. A list of lactation rooms on Brown’s campuses, and other lactation resources, are available at Lactation Resources (Human Resources).
In accordance with Rhode Island state law, a parent may breastfeed/chestfeed their child in any place open to the public on campus.
3.4.3 Reasonable Accommodations
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:
- Additional, longer, or more flexible breaks to drink water, eat, rest, or use the restroom;
- Changing food or drink policies to allow for a water bottle or food;
- Changing equipment, devices, or workstations;
- Changing a uniform or dress code;
- Providing safety equipment with an updated fit;
- Changing a work schedule;
- Telework;
- Temporary reassignment;
- Temporary suspension of one or more essential functions;
- Leave for health care appointments;
- Light duty or help with lifting or other manual labor; or
- Leave of absence.
Note: The University will not require an Employee to take a leave of absence if another reasonable accommodation can be provided that would permit the Employee to continue working.
A qualified Employee or Applicant is one:
- who can perform the essential functions (i.e., fundamental duties) of their position with or without reasonable accommodations; or
- whose inability to perform the essential functions is temporary, the Employee could perform the essential functions in the near future, and the inability can be reasonably accommodated.
An Employee or Applicant’s limitations are considered known to the University if the Employee or Applicant has 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). The University requires supervisors to notify the 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).”
3.4.4 Supporting Documentation
Employees may be asked to provide documentation if reasonable under the circumstances. Documentation will not be required:
- if the limitation and need for an adjustment or change is obvious;
- if sufficient information has already been provided;
- if the Employee is pregnant and the requested accommodation is for breaks to use the bathroom, eat, or drink; to carry water; or to sit when standing would otherwise be required;
- if the Employee is lactating and needs to express breast milk or breastfeed/chestfeed during work hours; and/or
- if the University would not ask an Employee not experiencing Pregnancy or Related Conditions for documentation in a similar situation.
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.
3.4.5 Reasonable Accommodations
Employees seeking accommodations related to Pregnancy or Related Conditions should contact University Human Resources, Assistant Director of Leave and Accommodation Services at Leave_Admin@brown.edu or (401) 863-5550. Note: Although this function has been delegated to the Assistant Director of Leave and Accommodation Services, the University’s Title IX Coordinator has ultimate responsibility at Brown for facilitating the provision of a non-discriminatory environment and equal access to individuals experiencing Pregnancy or Related Conditions.
The University will respond promptly to requests for accommodations. The University will engage in an interactive process with the Employee to determine reasonable accommodations. The University appreciates that different accommodations may be requested at different times during a pregnancy, before or after childbirth, and in response to changing related conditions. The University 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 process managed by University Human Resources, Assistant Director of Leave and Accommodation Services at Leave_Admin@brown.edu or (401) 863-5550. In all cases, due care will be taken to ensure that the Employee’s rights are respected and support is extended under the appropriate process.
3.5 Notification Requirements (Students)
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 Title IX Coordinator has already been notified, promptly inform the Student of the Title IX Coordinator’s contact information and that they can coordinate specific actions to prevent sex discrimination and ensure equal access to the University’s education program or activity by promptly providing notice of nondiscrimination and informing the Student of the University’s obligations. These include:
- Prohibiting sex discrimination, including sex-based harassment;
- Allowing access, on a voluntary basis, to any separate and comparable portion of the University’s education program or activity;
- Referring Students experiencing Pregnancy or Related Conditions to the Title IX Coordinator;
- Taking specific actions to promptly and effectively prevent sex discrimination and ensure equal access, including providing the option of making reasonable modifications to University policies, practices, or procedures because of Pregnancy or Related Conditions;
- Allowing a voluntary leave of absence;
- Ensuring the availability of lactation space; and
- Maintaining grievance procedures that provide for the prompt and equitable resolution of complaints of sex discrimination.
Failure to satisfy this obligation may result in disciplinary action.
3.6 Notification Requirements (Employees)
As noted, an Employee or Applicant’s limitations are considered known to the University 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, the University requires supervisory Employees to notify the Assistant Director of Leave and Accommodation Services 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.
3.7 Non-Retaliation
The University 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.
The University 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. The University 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.
3.8 Recordkeeping
The University has a seven (7) year record retention period for any records documenting the actions taken to satisfy the University’s 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.
3.9 Child Care Resources
- Child Care Support for Undergraduate Students
- Child Care Support assists undergraduate Students who receive need-based scholarships from the University and meet other eligibility requirements with child care expenses for eligible dependents between the ages of 0 to 6 years.
- Eligibility Requirements & applications are available at the link above.
- Resumed Undergraduate Education (RUE) Program Students
- The Brown/Fox Point Early Childhood Education Center is located at the southern edge of campus and accommodates children from age three through pre-K. Tuition is on a sliding scale according to income.
- Eligible RUE students with dependents up to the age of six may apply to the Office of Financial Aid for a child care allowance of up to $4,000 per year per household.
- Brown University's Child Care Subsidy covers child care expenses for eligible dependents between the ages of 0 to 6. Award amounts will vary from family to family and year to year depending on financial needs and other factors.
3.10 Housing
3.10.1 Undergraduate Students
Degree-seeking undergraduate students are required to have a housing assignment in an on-campus residence hall for every semester of enrollment until semester level 07. Brown-RISD Dual Degree Students are required to have a housing assignment in an on-campus residence hall at Rhode Island School of Design (RISD) during semesters 01 and 02 and at Brown during semesters 03 and 04. The Office of Residential Life may grant exceptions to the On-Campus Housing Requirement Policy upon request to students living locally with their child(ren) or other dependent(s). Eligible undergraduate students may request an exception from the Office of Residential Life by completing the Non-Resident Intent Form.
Pregnant undergraduate Students who live in residence halls or undergraduate apartments can remain in their academic year room assignment during their pregnancy.
3.10.2 Family Housing
Brown does not offer family housing. Graduate student housing information is available at https://graduateschool.brown.edu/living-resources/housing.
3.11 Reporting
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 Brown’s Title IX Coordinator.
Individuals can report incidents directly through the Gender Discrimination and Sexual Violence Incident Reporting Form or orally in person, by mail, electronic mail, or telephone using the contact information listed below.
Title IX and Gender Equity Office
20 Benevolent Street
Providence, RI
Telephone:(401) 863-2026
Email: titleixoffice@brown.edu
Web: Title IX and Gender Equity Office
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 (EEOC), as applicable, contact for each of which follows.
Office for Civil Rights
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-1100
Telephone: (800) 421-3481
Fax: (202) 453-6012
TDD#: (877) 521-2172
Email: OCR@ed.gov
Web: http://www.ed.gov/ocr
Complaint Forms: https://www2.ed.gov/about/offices/list/ocr/complaintintro.html
Equal Employment Opportunity Commission
JFK Federal Building
15 New Sudbury Street, Room 475
Boston, MA 02203-0506
Telephone: (800) 669-4000
Fax: (617) 565-3196
TTY: (800) 669-6820
ASL Video Phone: (844) 234-5122
Web: https://publicportal.eeoc.gov/
4.0 Definitions
For the purpose of this policy, the terms below have the following definitions:
Covered Persons: Applicants, Employees, and Students, as defined below.
- Applicants: Individuals who are applying or have applied for employment or admission as a Student or other participant in Brown’s education program or activity.
- Employees: Individuals employed by Brown University, including faculty, affiliates, visiting faculty, postdoctoral research associates, and all staff (including all exempt and non-exempt, bargaining unit, and senior administrative positions), as well as those physicians and health scientists who are not employed by Brown University but have Brown University faculty, affiliate, postdoctoral, or house staff appointments for the purpose of teaching and/or research in the Division of Biology and Medicine.
- Students: Individuals who have gained admission to the College, the Graduate School, the Warren Alpert Medical School, the School of Public Health, the School of Engineering, and/or the School of Professional Studies.
- For Rhode Island School of Design (RISD) Students who are not dually enrolled at Brown, the Title IX and Gender Equity Office will work with the RISD Title IX Office to determine jurisdiction.
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 and Pregnancy-Related Conditions: Pregnancy, childbirth, termination of pregnancy, and lactation, and related medical conditions and/or recovery.
5.0 Responsibilities
All individuals to whom this Policy applies are responsible for becoming familiar with and following this Policy. University supervisors and Employees with student oversight duties are responsible for promoting the understanding of this Policy and for taking appropriate steps to help ensure and enforce compliance with it.
6.0 Consequences for Violating this Policy
Failure to comply with this and related policies is subject to disciplinary action, up to and including suspension without pay, or termination of employment or association with the University, in accordance with applicable (e.g., staff, faculty, student) disciplinary procedures.
7.0 Related Information
Brown University is a community in which individuals are encouraged to share concerns with University leadership. Additionally, Brown’s Anonymous Reporting Hotline allows anonymous and confidential reporting on matters of concern online or by phone (877-318-9184).
The following information complements and supplements this document. The information is intended to help explain this Policy and is not an all-inclusive list of policies, procedures, laws and requirements.
7.1 Related Policies
- College Leavetaking Policy
- Parental Relief Policy (Graduate School)
7.2 Related Procedures
7.3 Related Forms
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7.4 Frequently Asked Questions
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7.5 Other Related Information
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Policy Owner and Contact(s)
Policy Owner: Vice President for Campus Life & Student Services
Policy Approved by: President
Contact Information:
Policy History
Policy Issue Date:
Policy Effective Date:
Policy Update/Review Summary:
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Webpage Updated November 7, 2024