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Florida International University (FIU) is committed to fostering an accessible and inclusive environment for pregnant and parenting Panthers.

Pregnant and parenting Panthers have the right to be free from discrimination based on pregnancy, childbirth, and related conditions, including lactation. FIU will provide reasonable modifications unless doing so would impose an undue hardship or fundamentally alter the nature of a program or activity. Adverse actions against employees for requesting or using this process are strictly prohibited.

Requests for reasonable modifications related to pregnancy, pregnancy-related conditions, and/or childbirth should be filed with the Department of Access, Compliance, and Equal Opportunity (ACE). ACE is responsible for administering the reasonable modification request review process. Some requests also may be reviewed under applicable disability accommodations processes pursuant to the Americans with Disabilities Act (ADA). Modifications may be applied within one year following the birth of a child.

Key Terms

This sections provides definitions for terms used throughout the policy, to help ensure clarity and understanding.

  • Pregnant Workers Fairness Act (PWFA)

    What is the PWFA?

    The Pregnant Workers Fairness Act (PWFA) is a federal law that took effect on June 27, 2023. It requires employers to provide reasonable modifications to employees and job applicants with known limitations related to pregnancy, childbirth, or related medical conditions unless doing so would cause an undue hardship.

    At FIU, we are committed to supporting our students, faculty, staff, and applicants by ensuring they can access the modifications they need to thrive at work or complete their academic journey.

    What the PWFA Covers:

    • Physical or mental conditions related to, affected by, or arising out of pregnancy or childbirth
    • Temporary limitations that may impact job performance
    • Reasonable modifications such as flexible schedules, additional breaks, or modified duties

    What the PWFA Does Not Cover:

    • It is not a leave law (though time off may be a reasonable modification)
    • It does not require modifications that would cause significant difficulty or expense (undue hardship)
    • It does not override protections under the ADA, FMLA, or Title VII—it complements them
  • Pump at Work Protections under the Fair Labor Standards Act
    resources/pregnancy/pump-ppt.pdf
  • Confidentiality

    Any records or information obtained by the University as part of the pregnancy modification process that reflect the diagnosis, evaluation, or treatment of an individual's medical condition are kept confidential. Such records will be shared only with those University members who need to know and will not be released except as required by law.

     

  • Retaliation

    Retaliation against anyone who requests a pregnancy modification is expressly prohibited, and the University will take immediate and responsive action to any report of retaliation. No University member shall retaliate against any person because they initiated or were involved in this process. Any attempt to penalize anyone involved in the process through any form of retaliation shall be treated as a separate allegation of discrimination and covered by FIU Regulation 106: Nondiscrimination, Harassment and Retaliation (Title VII).

     

  • Parenting Panthers

    Parenting panthers—including non-birth parents, adoptive or foster parents, step-parents, and legal guardians—may request reasonable modifications in accordance with this policy. In addition to the general modifications, common benefits for parenting employees may include leave under the Family and Medical Leave Act (FMLA) for the birth of a child (within 12 months of birth), adoption, or absences related to a child’s healthcare appointments, please see policy 1710.145 FMLA, Parental, and Medical Leave for more information.

     

Lactation Spaces and All Users' Restrooms

Reasonable Modifications Request Process

Reasonable modifications vary based on individual circumstances but may include flexible work schedule, lactation breaks, parking modifications, or job assignment extensions.

Individuals requesting reasonable modifications should begin by completing the appropriate form:

Request Pregnancy Modifications

Once ACE receives a Modifications Request, the following steps will follow:

1. ACE Outreach

Upon notification to ACE that a Faculty, Staff, Student, or Applicant is seeking a modification based on pregnancy, childbirth or pregnancy-related conditions, or parenting, ACE will reach out and provide them with information regarding their rights, available resources, a full explanation of the modification process and its requirements, and an offer to schedule a meeting.
2. Healthcare Provider Documentation

The Faculty, Staff, Student, or Applicant must submit documentation from a healthcare provider (e.g., general practitioner, therapist, doula, midwife, etc.) to establish medical necessity related to pregnancy, childbirth, or pregnancy-related conditions. Once sufficient medical documentation is received and the individual's request(s) are thoroughly discussed, determination for reasonable modifications will be made.

3. Interactive Process

Reasonable modifications are evaluated individually and will vary depending on the circumstances. The Faculty, Staff, Student, or Applicant's preferences will be considered when assessing reasonable modifications or alternatives. Still, ACE makes the ultimate determination regarding the type of modification, if any. To aid its assessment, ACE will endeavor to gather information from any department or individual involved in implementing a modification.

4. Informal Discussion & Request for Reconsideration

Modifications deemed reasonable by ACE must be implemented unless doing so would impose an undue hardship or fundamentally alter the nature of a program or activity. If a Faculty, Staff, Student, or Applicant has information not previously considered during the interactive process, they may submit a request for reconsideration to ace@fiu.edu. ACE will seek to resolve the issue and may seek to gather additional information, meet individually or as a group with those involved, and ultimately seek a resolution to the issue.

FAQs
  • What are modifications?

    Modifications under Title IX are designed to prevent sex-based discrimination by ensuring that FIU members who are pregnant or experiencing related conditions are treated fairly and equitably. Modifications ensure the educational environment is flexible enough to support an individual's success.

    Examples of Reasonable Modifications

    • Lactation Facilities: Individuals will be permitted to take breaks for lactation/pumping.
    • Flexible Scheduling: Supervisors are asked to adjust work hours to accommodate medical appointments or manage fatigue, offer additional breaks for rest, hydration, or restroom needs.
    • Parking: Modifications may be made for parking on-campus to reduce physical strain.
    • Modified Duties: Reassigning strenuous tasks or reduce heavy lifting to ensure safety, offer alternative duties or responsibilities if the individual's usual duties pose risks to health or safety.
    • Flexible Work Options: Flexible work arrangements, especially during high-risk pregnancies or recovery periods.
    • Reduced Travel Requirements: Limit or modify travel expectations to reduce stress and physical demands.
    • Modified Uniforms or Dress Codes: Allow maternity clothing or adjust dress code requirements to accommodate physical changes.
  • Who is eligible to request a pregnancy-related modification at FIU?
    • Employees and job applicants with known limitations due to pregnancy, childbirth, or related conditions.
    • Students experiencing temporary limitations due to pregnancy or related conditions.
    • Student employees may be eligible under both student and employee procedures.
  • What qualifies as a "known limitation"?
    A known limitation is a physical or mental condition related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions that has been communicated to FIU.
  • Is medical documentation required?

    Sometimes. ACE may request documentation from a healthcare provider (e.g., doctor, midwife, therapist) to support the modification request. However, documentation requirements are limited and must align with federal guidance.

  • What happens after I submit a request?

    ACE will:

    • Contact you to explain your rights and the process
    • Review your request and any documentation
    • Engage in an interactive process with you and relevant parties
    • Issue a Determination Letter outlining approved modifications
  • Does the University maintain a map of lactation spaces?

    Yes, the location of lactation spaces can be found below:

  • What if I am experiencing harassment or discrimination?

    If any student, employee or applicant has a sincere and reasonable belief that they have been discriminated against or harassed based on age, color, disability, marital status, ethnic or national origin, race, religion, retaliation, sex or any other protected category, CRCA encourages them to report the incident.

    Report a concern

    Submitted reports may be completed anonymously. 

  • Can I be penalized for requesting a modification?

    No. Retaliation against anyone who requests a pregnancy modification is expressly prohibited, and the University will take immediate and responsive action to any report of retaliation. No University member shall retaliate against any person because they initiated or were involved in this process. Any attempt to penalize anyone involved in the process through any form of retaliation shall be treated as a separate allegation of discrimination and covered by FIU Regulation 106: Nondiscrimination, Harassment and Retaliation (Title VII).

Violations

Failure to comply with this policy may result in disciplinary action. Employees who experience discrimination or retaliation can report incidents to:

Jacqueline Moise Gibbs
Interim Director, Office of Civil Rights Compliance and Accessibility (CRCA)
Title IX Coordinator
Department of Access, Compliance, and Equal Opportunity (ACE)
Phone: (305) 348-2785
Address: 11200 SW 8th Street, Primera Casa 220, Miami, FL 33199
Email: jmoiseg@fiu.edu

Reports may also be made by visiting report.fiu.edu, including as much details as available. Submitted reports may be completed anonymously.