08.224 Employee Reasonable Accommodations

Chancellor

Revised May 12, 2026; Established May 2021

• Pregnant Workers Fairness Act (PWFA)
• OSHR Reasonable Accommodation Policy
• G. S. 126-4
• 126-5(c)(1)-(4)
• 126-16
• 126-34.01
• 126-34.02
• 126-17
• 168A-5(b)(3)
• Section 504 of the Rehabilitation Act of 1973
• Americans with Disabilities Act of 1990 (as amended)
• Pregnancy Discrimination Act of 1978, Title VII of the Civil Rights Act

• Office of State Human Resources EEO Reasonable Accommodations Policy
• Policy 02.230 Equal Opportunity and Affirmative Action
• UNCW HR Forms

Human Resources

Policy Details:

1. Purpose

   The purpose of this policy is to affirm the University of North Carolina Wilmington's ("UNCW") commitment to providing reasonable accommodation to qualified employees and applicants with disabilities, as well as to individuals with other conditions (pregnancy) or circumstances (religion) requiring accommodation under applicable law. This policy establishes a consistent and fair framework for requesting, evaluating, and implementing reasonable accommodations that enable individuals to perform the essential functions of their positions and to fully participate in UNCW's employment processes and work environment.

   Through this policy, UNCW seeks to ensure compliance with the Americans with Disabilities Act (ADA), Americans with Disabilities Amendments Act (ADAA), Pregnancy Discrimination Act, Pregnant Workers Fairness Act (PWFA) and Section 504 of the Rehabilitation Act, Title VII of the Civil Rights Act, and other applicable state and federal laws, while promoting an accessible and respectful workplace. UNCW is committed to engaging in a timely, interactive process and to providing reasonable accommodations unless doing so would result in an undue hardship or fundamentally alter UNCW operations.

2. Applicability

   This policy applies to all Qualified Individuals with Disabilities and Qualified Employees, as defined below. UNCW aims to assist such individuals in obtaining reasonable accommodations unless the accommodation imposes an undue hardship on UNCW. While many Qualified Individuals with Disabilities and Qualified Employees can work without accommodation, others face barriers to employment without the accommodation process. Students seeking reasonable accommodations for educational instruction or on-campus housing should refer to Policy 04.190 Disability Accommodations for Students and/or Policy 05.360 Service Animals, Emotional Support Animals, and Pets, and contact the Disability Resource Center.

3. Definitions

   • Communicated to the Employer - An employee or the employee's representative has made the employer aware of the limitation (pregnancy, childbirth, or related medical condition) by communicating with a supervisor, a manager, someone who has supervisory authority for the employee. Communication may be made orally, in writing, or by another effective means. Communication need not be in a specific format or use specific words to be considered.

   • Disability - A physical or mental impairment that substantially limits one or more of the major life activities; a record of such an impairment; or being regarded as having such an impairment.

   • Employee with a Disability - An employee with a physical or mental impairment that substantially limits one or more major life activities; a record of such an impairment; or being regarded as having such an impairment.

   • Essential Functions - The fundamental job duties of the position, or the primary reasons the position exists, that an employee must be able to perform with or without a reasonable accommodation. The essential functions of a position should be included within the job description. The essential functions do not include marginal job functions of a position.

   • Impairment - Includes any physiological disorder or condition, cosmetic disfigurement or anatomical loss affecting one or more body systems, such as neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, immune, circulatory, hemic, lymphatic, skin and endocrine; or any mental or psychological disorder, such as an intellectual disability (formerly termed "mental retardation"), organic brain syndrome, emotional or mental illness and specific learning disabilities

   • Interactive Process - A means recommended by the Equal Employment Opportunity Commission in which employees and employers work together in demonstrating a good faith effort to comply with the ADA, to streamline the accommodation process and to help ensure that effective accommodations are provided.

   • Known Limitation - Physical or mental condition related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions that the employee or employee's representative has communicated to the employer, whether or not such condition meets the definition of disability under the Americans with Disabilities Act.

   • Major Life Activity - Refers to activities that an average person can perform with little or no difficulty. Major life activities include, but is not limited to: caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, interacting with others and working; and the operation of a major bodily function, including functions of the immune system, special sense organs and skin; normal cell growth; and digestive, genitourinary, bowel, bladder, neurological, brain, respiratory, circulatory, cardiovascular, endocrine, hemic, lymphatic, musculoskeletal and reproductive functions. The operation of a major bodily function includes the operation of an individual organ within a body system.

   • Marginal Job Function - A job function that would be considered a secondary job task. Although important and necessary to the position, a marginal job function could be reassigned to others and/or are performed a lesser percentage of time as compared to the essential functions. Marginal job functions would be non-critical tasks.

   • Pregnancy, Childbirth, or Related Medical Conditions - Pregnancy or childbirth refer to the pregnancy or childbirth of the specific employee in question and include, but are not limited to, current pregnancy, past pregnancy, potential or intended pregnancy, labor, and childbirth. Related medical conditions are medical conditions relating to the pregnancy or childbirth of the specific employee in question.

   • Qualified Individual with a Disability - An individual who satisfies the requisite skill, experience, education, and other job-related requirements of the employment position such individual holds or desires and who, with or without reasonable accommodation, can perform the essential functions of such position. The ADA prohibits discrimination on the basis of disability against a qualified individual.

   • Qualified Employee - Employees (former employee when relevant) or applicants who, with or without reasonable accommodation, can perform the essential functions of the position. An employee or applicant may be a qualified individual even if they cannot perform one or more essential function(s) of the job if the inability to perform the essential function(s) is "temporary," "in the near future," and "can be reasonably accommodated" for purposes of pregnancy or related conditions.

   • Reasonable Accommodation - A modification or adjustment to a job, an employment practice, or the work environment that enables a qualified individual with a disability or qualified employee to enjoy equal opportunity. Reasonable accommodation is a key non-discrimination requirement of the ADA. A reasonable accommodation does not impose an undue hardship on UNCW or the business unit.

   • Substantially Limits - An impairment is a disability if it substantially limits the ability of an individual to perform a major life activity as compared to most people in the general population; an impairment need not prevent, or significantly or severely restrict, the individual from performing a major life activity in order to be considered substantially limiting.

   • Undue Hardship - An action requiring significant difficulty or expense when considered in light of factors such as an employer's size, financial resources, and the nature and structure of its operation. In determining whether a requested accommodation would impose an undue hardship, UNCW will conduct an individualized assessment that may consider factors including, but not limited to, the nature and cost of the accommodation, the overall financial resources of UNCW or the affected department, the impact of the accommodation on operations, workplace safety, and the ability of the department to carry out its mission.

4. Coverage

   This policy applies to all employees and applicants for employment at UNCW and shall be interpreted and applied in a manner consistent with applicable federal and state laws and EEOC guidance governing reasonable accommodations.

5. Reasonable Accommodation (Disability)

   UNCW is required to make a reasonable accommodation to the known disability of a qualified applicant or employee if requested and if it would not impose an "undue hardship" on the operation of UNCW.

   1. A reasonable accommodation for a disability may include, but is not limited to:

      1. Making existing facilities used by employees readily accessible to and usable by people with disabilities

      2. Job restructuring, modifying work schedules, redistributing marginal or nonessential functions, or reassignment to a vacant position for which the individual is qualified; or

      3. Acquiring or modifying equipment or devices, and/or adjusting or modifying training materials, work resources, or policies.

   2. Not all modifications, adjustments, redistributions, restructurings, or reassignments are considered forms of reasonable accommodation. UNCW is not required to:

      1. Eliminate an essential function from a position or create a new position to accommodate an employee.

      2. Lower quality or production standards to make an accommodation, as long as those standards are applied uniformly to employees with or without a disability.

      3. Provide personal use items needed in accomplishing daily activities both on and off the job (e.g., eyeglasses, hearing aids, prosthetic limbs, wheelchairs).

      4. Provide personal use amenities, such as a refrigerator, if those amenities are not provided to employees without disabilities; or

      5. Take any action that would constitute an undue hardship.

6. Reasonable Accommodation (Pregnancy)

   UNCW is required to make a reasonable accommodation for a qualified employee with known limitations related to pregnancy, childbirth, or related medical conditions of a qualified applicant or employee if requested and if it would not impose an "undue hardship" on the operation of UNCW. The request for reasonable accommodation must be communicated to the employer. Communication may be made orally, in writing, or by another effective means and need not been in writing, be in a specific format, use specific words, or be on a specific form in order for it to be considered.

   1. A reasonable accommodation for known pregnancy-related limitations may include, but is not limited to:

      1. Redistributing marginal or nonessential functions (for example, occasional lifting) that a pregnant worker cannot perform or alter how a non-essential or marginal function is performed.

      2. Redistributing an essential function of a job if:

         • Any inability to perform an essential function is for a temporary period.

         • The essential function could be performed in the near future; and

         • The inability to perform the essential function can be reasonably accommodated.

      3. Modifying workplace policies, such as allowing a pregnant worker more frequent breaks or allowing pregnant workers to keep a water bottle at a workstation even though keeping drinks at workstations is generally prohibited.

      4. Modifying a work schedule so that someone who experiences severe morning sickness can arrive later than her usual start time and leave later to make up the time.

      5. Allowing an employee to take leave or time off to recover from childbirth. These reasonable accommodations may include instances in which the employee is not eligible for FMLA or other types of leave (see FMLA Policy, Paid Parental Leave Policy and Leave Without Pay Policy for types of leave that may be available after childbirth).

      6. Reasonable accommodations related to lactation and nursing includes but is not limited to breaks, a space for lactation, and other related modifications required under the Providing for Nursing Mothers Act (PUMP Act) and consistent with Policy 08.231 Lactation Support Policy.

   UNCW shall not require an employee to accept an accommodation other than any reasonable accommodation arrived at through the interactive process. UNCW shall not require an employee to take leave, whether paid or unpaid, if another reasonable accommodation can be provided. UNCW shall not deny employment opportunities to an applicant or employee if the denial is based on the need to make reasonable accommodations to the known limitations related to pregnancy, childbirth, or related medical conditions.

   UNCW may seek supporting documentation from an employee who requests an accommodation under the PWFA only if it is reasonable under the circumstances to determine whether the employee has a physical or mental condition related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions.

7. Reasonable Accommodation (Religion)

   UNCW must provide reasonable accommodations when an employee's or applicant's religious belief or practice conflicts with a workplace rule, policy, or job requirement, unless the accommodation causes undue hardship. Accommodations are evaluated case by case and tailored to the individual's needs and job requirements.

   1. Religious accommodation may include, but is not limited to:

      1. Flexible scheduling, shift swaps, or voluntary substitutions

      2. Use of leave or unpaid time off

      3. Modified break schedules for prayer

      4. Exceptions to dress or grooming standards

      5. Job restructuring of non-essential tasks.

   2. Once UNCW becomes aware of the need for religious accommodation, the Employee Accommodation Coordinator will engage in a timely, good-faith interactive process.

8. Process to Request a Disability, Pregnancy, or Religious Accommodation

   The Director of Benefits at UNCW is designated as the Employee Accommodation Coordinator (EAC). The EAC follows and facilitates an established interactive process to review employee accommodation requests and determine eligibility.

   1. Disability. An employee request for disability accommodation can be made directly through the Disability Accommodation Request Form available on the HR Forms webpage.

   2. Pregnancy and Related Conditions. Employee accommodation requests for pregnancy & related conditions can be made directly through the Pregnancy Request Accommodations Form on the Title IX website.

   3. Religious. An employee request for religious accommodation can be made directly through the Religious Accommodation Request Form available on the HR Forms webpage.

   4. Applicant. Applicant requests for accommodation should be made to the Director of Talent Acquisition (ludwickj@uncw.edu or 910.962.7031) who are applying for jobs at UNCW should contact and inform the Director of Talent Acquisition if there is a need for accommodation. Hiring officials who have been notified by an applicant about a need for an accommodation should contact the Director of Talent Acquisition for further guidance.

   Employees or applicants who are unable to access accommodation request forms or online resources due to disability, pregnancy-related limitations, religious considerations, or other barriers may request assistance or an alternative method for submitting an accommodation request. The EAC will ensure the accommodation request process is accessible and responsive to individual needs.

   If a requested disability, pregnancy, or religious accommodation request is determined to be unreasonable, ineffective, or to pose an undue hardship, UNCW will engage in a good-faith interactive process to explore alternative reasonable accommodations that would enable the employee or applicant to perform the essential functions of the position or otherwise enjoy equal employment opportunities. Denial of a specific accommodation request does not conclude the interactive process when other effective options may exist.

   Reasonable accommodations may be temporary or ongoing depending on the nature of the request, the employee's limitations, and operational needs. UNCW may periodically review or reassess accommodations as circumstances change, including changes in job duties, medical conditions, pregnancy-related limitations, or workplace requirements, consistent with the interactive process and applicable law.

   Supervisors and managers who become aware of a potential need for accommodation - including through an employee's statement, observation, or third-party communication - must promptly refer the matter to the Employee Accommodation Coordinator and refrain from independently approving, denying, or modifying accommodation requests. Supervisors are expected to participate in the interactive process as requested and to maintain the confidentiality of accommodation-related information.

   General information and resources about "Requesting an Accommodation" are available on the Human Resources website (Reasonable Accommodations). For additional assistance, please contact the Employee Accommodation Coordinator at kennedyk@uncw.edu or 910.962.3006.

9. Documentation

   Medical or other supporting documentation will be requested only when reasonable and necessary to evaluate the accommodation request, consistent with applicable law. Documentation may not be required for accommodations where the limitation and need for accommodation are obvious or where the accommodation requested is simple, temporary, or poses minimal burden. UNCW will not request documentation beyond what is permitted under the ADA, PWFA, Title VII, or other applicable laws.

10. Confidentiality

    Documentation gathered during the interactive process, including but not limited to medical documentation, religious details, and/or documentation about pregnancy and related conditions will be kept maintained in a confidential file separate from an employees' personnel file.

11. Prohibition Against Retaliation

    UNCW prohibits retaliation against any employee or applicant who requests a reasonable accommodation, participates in the interactive process, supports another individual's request for accommodation, or files or participates in a grievance or complaint related to reasonable accommodations. Retaliation includes, but is not limited to, adverse employment actions, intimidation, threats, harassment, or any other conduct that could discourage an individual from exercising rights under this policy or applicable law. Allegations of retaliation will be addressed in accordance with applicable UNCW policies and procedures.

12. Grievances

    An employee or applicant who is dissatisfied with the decision(s) pertaining to his/her accommodation request may file a grievance in accordance with the appropriate procedure:

    1. A SHRA employee or applicant may file a grievance in accordance with Policy 08.520 SHRA Employee Appeals and Grievances.

    2. An EHRA non-faculty employee or applicant may file a grievance in accordance with Policy 08.521 EHRA Review and Appeal Procedures.

    3. Faculty may file a grievance in accordance with the UNCW Faculty Handbook.

    4. A grievance claim related to pregnancy and related conditions may be filed under the 02.210 Title IX Grievance Policy or the 02.205 Unlawful Discrimination Policy.

    Nothing in this policy shall prohibit an employee or applicant from filing a charge directly with the Equal Employment Opportunity Commission (EEOC) or, in the case of SHRA employees and applicants, the Civil Rights Division of the Office of Administrative Hearings.