Policy on Pregnancy, Parenting and Caregiving

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Wentworth Institute of Technology (hereinafter “Wentworth” or “university”) is committed to creating an accessible and inclusive environment for people who are pregnant or parenting and for people who serve as a primary caregiver for children, parents, or people with disabilities. This commitment is echoed in university policy, which complies with state and federal law, including Title IX of the Education Amendments of 1972, the Massachusetts Pregnant Workers Act  and,  prohibits  discrimination  based  on  pregnancy or parenting in university programs or activities.

This policy recognizes the rights of qualified students and employees with known limitations relating to pregnancy or childbirth; In furtherance of the university’s commitment to inclusion and access, this policy also provides a mechanism through which eligible caregivers may seek reasonable modifications.

 

 

Scope of the Policy

This Policy applies to all university students, employees, vendors, volunteers affiliated with the university and other third-party participants in university Programs and Activities. 

Nothing in this policy shall be read to conflict with established employment benefits or existing contracts. 

Section 1: Definitions

  • Eligible Caregiver 

    A qualified employee, student, or applicant who is:

    1. primarily responsible, either independently or jointly, for providing care to a child under the age of 12;
    2.  primarily responsible, either independently or jointly, for providing care to a family member with a disability who requires substantial support in carrying out major life activities necessary for independent living.

     

  • Essential Functions 

    Fundamental duties of a position.

  • Known Limitations 

    Known limitations include "Known Limitation Related to Pregnancy or Childbirth" and " Known Limitations Related to Caregiving."

    1. Known Limitation Related to Pregnancy or Childbirth: Physical or mental condition related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions; Qualified individuals with known limitations related to Pregnancy or childbirth are eligible for reasonable accommodations.
    2.  Known Limitations Related to Caregiving: Obstacles to access related to, affected by, or arising out of responsibilities relating to caregiving. Qualified individuals with known limitations related to caregiving are eligible for reasonable modifications.
       

  • Private Lactation Space: 

     A location, other than a bathroom, for parents to use to express milk; the private lactation space shall be shielded from view and free from intrusion by coworkers and the public. 

  • Qualified Individual

    "Qualified Individuals" include "Qualified Employees " and "Qualified Students": 

    1. Qualified Employee: an employee or applicant who, with or without reasonable accommodation, can perform the essential functions of the employment position
    2. Qualified Student: student who, with or without reasonable accommodation, meets the academic and technical standards requisite to admission or participation in a university program 
       

  • Reasonable Accommodations and Modifications

    Modifications or adjustments that enable a qualified employee, applicant, or student with a known limitation to enjoy equal benefits and privileges of employment or education, as applicable;

    Accommodations or modifications are not regarded as reasonable if they:

    1.  Are unduly extensive, substantial, or disruptive
    2. Would fundamentally alter the nature of a program, course, or activity;
    3. Would fundamentally alter the university’s mission; or
    4. Would compromise the health and safety of the university community

    For employees, reasonable accommodations or modifications enable an employee to perform the essential functions of a job. Accommodations may include the provision of equipment or devices, job restructuring, modified work schedules, or removal of physical barriers from a work area.

    For students, reasonable accommodations or modifications enable a student to have an equal opportunity to access and use benefits, privileges, and services. 
     

  • Interactive Process

    The procedure through which the University works together with pregnant and parenting individuals and/or eligible caregivers for the purpose of identifying and coordinating reasonable accommodations and/or modifications. The Interactive Process includes a review of obstacles to access and a discussion of possible accommodations and/or modifications 

  • Pregnancy/Pregnancy Related Conditions

    Conditions related to pregnancy, which include but are not limited to pregnancy, childbirth, false pregnancy, termination of pregnancy, conditions arising in connection with pregnancy, and recovery from any of these conditions, in accordance with federal law.

  • Discrimination based on Pregnancy or Parenting: 

    An intentional or unintentional act that adversely affects employment and/or educational opportunities that is related to pregnancy or childbirth. 

    Discrimination may be classified as either disparate impact (facially neutral practices that fall more harshly on one  group  than  another and cannot be justified by business necessity) or disparate treatment (treatment of an individual that is less favorable than treatment of others based on discriminatory reasons). 

  • Retaliation

    Speech or conduct that targets an individual or group because of their participation in a procedure related to this policy or other related University policies, where such conduct adversely impacts participation in a University program or activity and/or terms or conditions of employment.

Section 2: Reasonable Accommodations and Modifications

Under the law, participants in university programs and Activities have a right to reasonable accommodations for conditions related to pregnancy and childbirth.

Pursuant to the university’s commitment to diversity, equity, and inclusion, this Policy recognizes the right to modifications beyond what is required by law as a privilege afforded to Wentworth students and employees

Individuals who seek an accommodation related to pregnancy or parenting or who seek modifications s as caregivers are encouraged to contact the Executive Director of Equity and Compliance, in the Office of Institutional Equity.

Catlin Wells
Executive Director of Equity and Compliance/Title IX Coordinator
CEIS 204
wellsc1@wit.edu
(617)989-4119

Section 3: Procedure for Accommodations and Modifications

Submitting a Request

  1. Students, employees, and applicants, may request a reasonable accommodation or modification through the Office of Institutional Equity (hereinafter “OIE), using the online request form
  2. Upon receipt of a request for reasonable accommodation or modification, OIE will review the documentation, and schedule a meeting with the qualified individual to review the request.

Documentation

  1. In limited circumstances, documentation may be required to support a request for accommodation or modification. 

Interactive Process OIE works collaboratively with the qualified individual and relevant campus partners to identify, explore, and implement reasonable accommodations or modifications.

  1. Communication of Request:. For employees, OIE will communicate the request to the employee’s supervisor. For students, OIE will communicate the request to the faculty or staff member responsible for implementation of the accommodation
  2. Exploration of Accommodations or Modifications: While the university considers the preference of the qualified individual when coordinating reasonable accommodations or modifications, the university may offer an alternative accommodation or modification, as long as the alternative is effective in mitigating the identified barrier to access. Requests will either be granted as submitted or explored further through an interactive process
  3. Communication of Outcome: Upon completion of the interactive process, outcome of the process will be documented in writing. Documentation will include a summary of the request, the interactive process, and any approved accommodations/modifications. If it is determined that the request is not reasonable, OIE will provide an explanation for denial of the request. 

    For employees, copies will be provided to the employee and the supervisor. For students, copies will be provided to the student and the faculty or staff member responsible for the implementation of the accommodation or modification.

Duration of Accommodations and/or Modifications 

  1. Accommodations and modifications will be reviewed periodically. The university reserves the opportunity to revisit these accommodations, as necessary and appropriate, based on employee needs, university need, or other relevant factors.
  2. Individuals may request changes to accommodations or modifications, as necessary. Requests must be submitted in writing to the Executive Director of Equity and Compliance.

 

Section 3: Appealing a Decision Relating to Accommodations and/or Modification

Students who disagree with the decision may submit an appeal letter to the Vice President of Diversity, Equity and Inclusion.

Faculty or Staff members who disagree with the decision may submit an appeal to the Vice President of Human Resources for review by the Vice President or designee.

The appeal letter must include a summary of the requested accommodation/and or modification e and the grounds for appeal. The Vice President serving as the appeal officer or their designee (hereinafter “Appeal Officer”) shall review the appeal and issue a decision within 10 business days.

If upon review, the Appeal Officer determines that the appeal letter does bring forth sufficient grounds for appeal, the Appeal Officer may:

  • Affirm the decision, upholding the decision;
  • Approve the requested accommodation and/or modification;
  • Reinitiate the interactive process, for further consideration of the request

Section 4: Non-Discrimination

Non-Discrimination: 
The university is committed to providing a safe and respectful educational experience and work environment free from discrimination, harassment, and retaliation. 

Discrimination based on Pregnancy or Parenting is a form of sex discrimination and is addressed pursuant to the "university's Non-Discrimination Policy. 

This policy, including the rights identified for caregivers, shall be applied equitably in a manner that is inclusive of people of all genders.

Reporting: 
Any person may report allegations of discrimination, including retaliation, using the online reporting form or by contacting the Title IX Coordinator. 

The Title IX Coordinator can be contacted in person, by telephone, email, or in person during regular business hours (Monday- Friday 8:15 AM to 4:45 PM):
Catlin Wells 
Executive Director of Equity and Compliance/Title IX Coordinator 
CEIS 204
wellsc1@wit.edu
(617)989-4119

 

Section 5: Retaliation

Wentworth prohibits retaliation against persons exercising their rights under this policy, including rights related to caregiving. Allegations of retaliation will be addressed pursuant to the procedures outlined in the university's Non-Discrimination Policy. 

Section 6: Lactation on Campus

About Lactation on Campus: 
A breastfeeding parent may, at their discretion, express breast milk or breastfeed, as necessary. While individuals are not prohibited from breastfeeding in public spaces, the University will provide a room or other location where the parent can breastfeed or express milk in private.

While individuals are not prohibited from breastfeeding in public spaces, the University will provide a room or other location where the parent can breastfeed or express milk in private.

 

  • Access to Lactation Rooms

    Lactation rooms may remain locked to ensure their availability for parents who are breastfeeding. To gain access to lactation rooms, contact the Office of Institutional Equity.

  • Locating Lactation Rooms

    Designated lactation rooms are available throughout campus, in each of the following locations:

    • Beatty Hall: The lactation room in Beatty Hall is located next to room 313, near the exit sign.
    • CEIS: The lactation room in CEIS is located next to room 315, near the group study lounge.
    • Wentworth Hall: The lactation room in Wentworth Hall is next to classroom 305.

Section 7: Academic Considerations for Pregnant and Parenting Students

  • Absences

    While the University will not assume that a pregnant student cannot attend school or participate in school activities, absences due to pregnancy or childbirth shall be excused for as long as is deemed medically necessary by the student’s doctor.

    Where possible, a student should make an accommodation request for an excused absence in advance of the missed class. Students may make up work they missed while out due to pregnancy or any related conditions, including recovery from childbirth. If a professor awards “points” for class attendance, students must be given the opportunity to earn back the credit from classes missed because of pregnancy.

  • Class Attendance

    Pregnant and/or parenting students will not be prevented from attending class on the basis of pregnancy. Pregnant or parenting students may continue participating in activities and programs outside of class such as sporting, extracurricular activities, labs and career rotations.

  • Scholarships

    The University will not terminate or reduce athletic, merit or need-based scholarships because of pregnancy or parenting.

Resources for Pregnant and Parenting Employees

The university has numerous policies in place for the purpose of supporting pregnant and parenting employees as well as caregivers. Information relating to rights under the Family and Medical Leave Act, the Small Necessities Leave Act, the Massachusetts Parental Leave Act, and the Massachusetts’s Sick Leave Law are located in the employee handbook.

Information relating to the Massachusetts Paid Family and Medical Leave Act is available in the MA PFML Employee Guide.

Policy Information

Policy Category:  

Effective Date: 08/01/2021 

Responsible Executive: Nicole Price  

Last Reviewed: N/A Newly Created 

Responsible Unit: Office of Institutional Equity  

Last Revised: N/A Newly Created