Pregnant students have rights under Title IX of the Education Amendments of 1972 (known as Title IX) – federal legislation that prohibits discrimination on the basis of sex (including pregnancy and parental status) in educational programs and activities. Those rights include:

• Reasonable modifications, such as a larger desk or allowances to make frequent trips to the restroom when necessary because of your pregnancy.
• Excused absences related to pregnancy or childbirth for as long as medical personnel deems necessary.
• Opportunity to make up any work missed during the leave.
• Protection from harassment.

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 Title IX, a student’s “pregnancy or related conditions” means pregnancy, childbirth, termination of pregnancy, or lactation; medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions.   

Similarly, 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.

• Students should contact Student Development, Resources for Students with Disabilities to discuss appropriate and available reasonable modifications based on your individual needs. Students are encouraged to request reasonable modifications 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 modifications to pregnant students or students experiencing pregnancy related conditions to prevent sex discrimination and ensure access to the College’s education program and activity. Reasonable modifications 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;
  • Access to available online or homebound education;
  • 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 modifications are appropriate for all contexts. 

It depends. Supporting documentation for reasonable modifications will be required when it is necessary and reasonable under the circumstances to determine which reasonable modification 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 modification or other specific action. 

• Generally, no. If an employee becomes aware of a student’s pregnancy or related condition, the employee is required to provide the student with the Title IX Coordinator’s contact information and to communicate to the student that the Title IX Coordinator can help take specific actions to prevent discrimination and ensure equal access to the College’s education program and activity. 
• If notified, the Title IX Coordinator will reach out to let the student know that the College:
  • Prohibits sex discrimination.
  • Provides reasonable modifications.
  • Allows access, on a voluntary basis, to any separate and comparable portion of the College’s education program or activity.
  • Allows a voluntary leave of absence.
  • Ensures lactation space availability.
  • Alleged discrimination may be resolved through the Policy Against Harassment and Sex Discrimination and how to file a complaint of discrimination, harassment, or retaliation.
  • Treats pregnancy as comparable to other temporary medical conditions for medical benefit, service, plan, or policy purposes.
  • The process for filing a complaint for alleged discrimination, harassment, or retaliation can be found in the Policy Against Harassment and Sex Discrimination.

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

The College will 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 will be reinstated to the status you held when you left and given the opportunity to make up missed work. 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 allow you 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 modifications from Disability Services. Students are permitted to take a voluntary leave of absence for a reasonable time as deemed medically necessary by their health care provider because of pregnancy and/or the birth, adoption, or placement of a child. The leave term may be extended in the case of extenuating circumstances or medical necessity.
• 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 modifications, 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 resource, including the EEOC’s What you should know about the Pregnant Workers Fairness Act and the OCR’s Know Your Rights: Pregnant or Parenting? Title IX Protects You From Discrimination At School by the Office for Civil Rights.