Policy 4866 – Pregnancy, Childbirth Anti-Discrimination

The District is committed to eliminating discrimination and to promoting women’s health and
economic security for employees or applicants whose ability to perform the functions of their job
are limited by pregnancy, childbirth, or a related medical condition. In order to implement this
Policy, the Board of Education will not permit the following:

1. Failure to make reasonable accommodations of the known limitation of a qualified employee or applicant related to pregnancy, childbirth, or related medical condition, unless such accommodation would impose an undue hardship on the operation of a District school or of the District.
2. Require a qualified employee or applicant, under this Policy, to accept an accommodation
   other than a reasonable accommodation arrived at through the interactive process
   between the employee or applicant and her supervisor.
3. Deny employment opportunities to a qualified employee or applicant if the denial is
   based upon the need to make reasonable accommodations to such employee or applicant.
4. Require a qualified employee or applicant to take a leave of absence, paid or unpaid, if
   another reasonable accommodation can be provided.
5. Take adverse action against a qualified employee/applicant’s terms, conditions, or
   privileges of employment.
6. Retaliation against a qualified employee or applicant for exercising their rights.

A qualified employee means an employee or applicant whose ability to perform the job because
of pregnancy, childbirth or related medical condition is adversely affected but who can perform
the essential functions of the employment position with or without reasonable accommodation.
However, a qualified employee or applicant remains qualified even if:

1. The inability to perform the job is for a temporary period.
2. The essential function could be performed in the near future.
3. The inability to perform the essential function can be reasonably accommodated.

A reasonable accommodation is any change in the way in which the job is performed by the
employee/applicant which allows them to perform the essential functions of their job. The need
for reasonable accommodation under this Policy is considered to have been communicated to the
District, if the qualified employee/applicant or their representative so advises the District through
one of its supervising employees. The District will arrive at a reasonable accommodation
through a mutual discussion of job modifications, known as “the interactive process between the
employee/applicant and their supervisor.” Use of the required interactive process may mean, but
not necessarily mean, that the employee/applicant receives their preferred accommodation.