Pregnant students have rights under Title IX of the Education Amendments of 1972 (known as Title IX) – federal legislation that prohibits discrimination and harassment on the basis of sex (including pregnancy and parental status) in education programs and activities. Students also have the right to reasonable adjustments related to pregnancy or related conditions as any other temporary disability.

Pregnant employees have rights under the Pregnant Workers Fairness Act (PWFA), Title VII of the Civil Rights Act (Title VII), Americans with Disabilities Act (ADA), and Family Medical Leave Act (FMLA). These rights include:

• Protection against pregnancy-based discrimination and harassment at work.
• Allowance for reasonable accommodations for qualified applicants or employees who have known limitations.
• Workplace accommodations may include:
  • Ability to sit or drink water;
  • Closer parking;
  • Appropriately sized uniforms and safety apparel;
  • Additional break time to use the bathroom, eat, and rest;
  • Leave or time off to recover from childbirth; or
  • Being excused from strenuous activities and/or activities that involve exposure to compounds not safe for
    pregnancy.
• Under the PWFA, “limitations” are physical or mental conditions related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions, including uncomplicated pregnancies, vaginal deliveries or cesarian sections, miscarriage, postpartum depression, edema, placenta previa, and lactation. 

Under the Pregnant Workers Fairness Act, a qualified applicant’s or employee”s pregnancy” and “childbirth” include, but are not limited to, current pregnancy; past pregnancy; potential or intended pregnancy (which can include infertility, fertility treatment, and the use of contraception); labor; and childbirth (including vaginal and cesarean delivery). “Related medical conditions” are medical conditions relating to pregnancy or childbirth. Examples include termination of pregnancy, including via miscarriage, stillbirth, or abortion (as discussed above); ectopic pregnancy; preterm labor; pelvic prolapse; nerve injuries; cesarean or perineal wound infection; maternal cardiometabolic disease; gestational diabetes; preeclampsia; HELLP (hemolysis, elevated liver enzymes and low platelets) syndrome; hyperemesis gravidarum; anemia; endometriosis; sciatica; lumbar lordosis; carpal tunnel syndrome; chronic migraines; dehydration; hemorrhoids; nausea or vomiting; edema of the legs, ankles, feet, or fingers; high blood pressure; infection; antenatal (during pregnancy) anxiety, depression, or psychosis; postpartum depression, anxiety, or psychosis; frequent urination; incontinence; loss of balance; vision changes; varicose veins; changes in hormone levels; vaginal bleeding; menstruation; and lactation and conditions related to lactation, such as low milk supply, engorgement, plugged ducts, mastitis, or fungal infections. This is not an exhaustive list and employees are strongly encouraged to contact Human Resources for more information.

Under Title IX and corresponding 1975 regulations, “pregnancy or related conditions” refers to pregnancy, childbirth, false pregnancy, termination of pregnancy or recovery therefrom.   

• Students should contact Student Development, Resources for Students with Disabilities to discuss appropriate and available reasonable adjustments/modifications that are responsive to a student’s pregnancy status. Students are encouraged to request reasonable adjustments as promptly as possible.
• Employees should contact Human Resources. Straightforward requests, such as requests for more breaks to use the restroom or to take additional, reasonable breaks, may be made directly to an employee’s supervisor. If a straightforward request is denied, employees are strongly encouraged to contact Human Resources as soon as possible.

The College provides reasonable adjustments that may include:

• Breaks during class to express breast milk, breastfeed, or attend to health needs associated with pregnancy or related conditions, including eating, drinking, or using the restroom;
• Intermittent absences to attend medical appointments;
• Changes in schedule or course sequence;
• Extensions of time for coursework;
• Rescheduling of tests and examinations;
• Allowing a student to sit or stand, or carry or keep water nearby;
• Counseling;
• Changes in physical space or supplies like a larger desk or a foot rest;
• Elevator access; or
• Other changes to policies, practices, or procedures. 

You have the right to accept or deny any modifications available or offered. Not all reasonable adjustments are appropriate for all contexts.

It depends. Supporting documentation for reasonable adjustments are required when it is necessary and reasonable under the circumstances to determine which reasonable adjustment to offer and to determine other specific actions to take to ensure equal access. This may include documentation to confirm that a student has a need related to pregnancy or related condition(s) that requires a reasonable adjustment or other specific action. 

Generally, no. If an employee becomes aware of a student’s pregnancy or related condition, the employee is encouraged to let the student know about resources, such as Disability Services to request a reasonable adjustment or the Title IX coordinator to report discrimination or harassment.

Information about requests for adjustments will be shared with faculty and staff to the extent necessary to determine and provide reasonable modifications.

The College may excuse your absences from class for pregnancy or related conditions, for the period during which your doctor confirms the medical need related to pregnancy or related conditions for such absences. When you return to school, you would be reinstated to the status you held when you left. Alternatives may include:    

• Ability to take an incomplete; 
• Taking additional time in a program to continue at the same pace, and finish at a later date; and/or
• Rescheduling of tests or exams.

If your absences are medically necessary due to pregnancy or related conditions, you may be allowed to submit work after a deadline or allowed to make up what you missed.

If your program requires an internship or other opportunity to “work in the field,” you cannot be denied participation based on your pregnancy or related conditions.

Students cannot be excluded from participating in any College extracurricular activity, school club, academic society, or interscholastic sports because of pregnancy or related conditions.

• Spaces: The College will provide students, faculty, and staff a clean, private space to pump milk or breast feed in a space that is not a bathroom. Additionally, there are designated lactation spaces in the Library and in Hicks.
• Students will be provided breaks during class to pump or breast feed. Break times will not result in a student incurring an academic penalty. Students who take lactation breaks will be provided an opportunity to make up any work missed by use of such breaks.
• Employees will be provided break time for the expression of breast milk. The College may not reduce an employee’s compensation regardless of the length of the break being taken.  

Break time provided for the expression of breast milk may not reduce an employee’s compensation regardless of the length of the break being taken or result in a student incurring an academic penalty. Students who take lactation breaks will be provided an opportunity to make up any work missed by use of such breaks. 

• Students: With most absences or voluntary leaves for pregnancy or related conditions, you should request reasonable adjustments from Disability Services.
• Employees: Faculty and staff should request reasonable accommodation absences from Human Resources. Straightforward requests may be made directly to your supervisor. Employees are encouraged to contact Human Resources with any questions.

If you are denied pregnancy or pregnancy related reasonable adjustments, you are encouraged to contact Disability Services as soon as possible for assistance. You may also contact the Title IX Coordinator as well as file a complaint under the Policy Against Harassment and Sex Discrimination.

Yes. If you have a pregnancy-related disability, students may request a disability accommodation through Student Development, Disability Resources. Faculty and staff may request a disability accommodation through Human Resources. 

Employees, including student-employees, may communicate with Human Resources about a request for a reasonable accommodation for limitations related to pregnancy, childbirth, or related medical conditions. Straightforward requests, such as requests for more breaks to use the restroom, should be made directly to an employee’s supervisor.

Leave can be a reasonable accommodation that an employee requests under the Pregnant Workers Fairness Act. An employer does not have to provide leave (or any other reasonable accommodation) if it causes an undue hardship.

At the College, you can contact the Title IX Coordinator, Human Resources, or Disability Services.

There are also external resources for employees, including the EEOC’s What you should know about the Pregnant Workers Fairness Act.