Pregnancy & Parenting Under Title IX
“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” – Title IX of the Education Amendments of 1972
- The Department of Education’s regulation implementing Title IX specifically prohibits discrimination against a student based on pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery from any of these conditions.
- A school also must not discriminate against or exclude from employment any employee or employment applicant on these bases.
- A school must ensure that its teachers’ policies and practices do not discriminate against students because of pregnancy and related conditions – for example, a teacher may not refuse to allow a student to submit work after missing a deadline because of absences due to pregnancy or childbirth.
- Schools must treat pregnancy, childbirth, false pregnancy, termination of pregnancy, and recovery therefrom the same as any other temporary disability with respect to hospital or medical benefit, service, plan, or policy for students.
- For employees, schools must treat pregnancy and the same related conditions, including termination of pregnancy, as well as any temporary disability therefrom, as any other temporary disability for all job-related purposes, including employment-based medical, hospital, and other benefits.
- A school must provide leave to a student for pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery therefrom, for as long as the student’s physician deems medically necessary.
- After that leave, the student must be reinstated to the status the student held when the leave began.
Pregnant Workers Fairness Act
The Pregnant Workers Fairness Act requires covered employers to provide “reasonable accommodations” to a worker’s known limitations related to pregnancy, childbirth, or related medical conditions.
- The Pregnant Workers Fairness Act (PWFA) fills in the gaps in existing federal legal protections for workers affected by pregnancy, childbirth, or related medical conditions, even though they may have certain rights under existing laws like Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, the Family and Medical Leave Act of 1993, and various state and local laws.
- The PWFA applies only to accommodations – existing laws that the EEOC enforces make it illegal to fire or otherwise discriminate against workers on the basis of pregnancy, childbirth, or related medical conditions.
- The PWFA does not replace federal, state, or local laws that are more protective of workers affected by pregnancy, childbirth, or related medical conditions.
- The PWFA protects employees and applicants of “covered employers” who have known limitations related to pregnancy, childbirth, or related medical conditions.
- “Covered employers” include public and private sector employers with at least 15 employees, Congress, federal agencies, employment agencies, and labor organizations.
- “Reasonable accommodations” are changes to the work environment or the way things are usually done at work.
- Possible reasonable accommodations include:
- The ability to sit or drink water;
- Closer parking;
- Additional break time to use the bathroom, eat, and rest;
- Leave or time off to recover from childbirth;
- Being excused from strenuous activities.
- Employers are required to provide reasonable accommodations unless they would cause an “undue hardship,” which is significant difficulty or expense to the employer.
Additional Information
- If you need supportive measures related to Title IX or pregnancy, submit a supportive measures request:
- Submit a (with medical documentation, if pregnant).
- An OIED staff member will meet with you to review the request.
- When the request is approved, OIED will generate letters to the appropriate faculty and staff outlining the supportive measures required.
- If you feel that you have a claim for discrimination or harassment related to pregnancy and parenting: