Higher Education Pregnancy & Parenting

Overview

Educational institutions must take measures to eliminate discrimination and harassment on the basis of sex, including pregnancy. Additionally, educational institutions may have to make reasonable adjustments or modifications to the regular course of instruction for pregnant and parenting students. As employers, educational institutions must also comply with numerous local, state, and federal laws regarding pregnant and parenting employees.  Our attorneys frequently help educational institutions comply with Title IX, the Americans with Disabilities Act, the Pregnant Workers Fairness Act and the various other federal laws governing employees.

Resources:

• Title IX
  • 2024 Regulations
  • 2020 Regulations
  • Statutes and Regulation

  • Guidance
    Supporting the Academic Success of Pregnant and Parenting Students Pamphlet (July 2013)
    October 2022 Pamphlet

• Department of Education Resolution Agreements

  • Hinds Community College (April 2024) 
    • Student filed an OCR (Office for Civil Rights) complaint alleging discrimination based on sex related to allegations the College failed to provide her with academic adjustments during her pregnancy and failed to respond promptly when she reported that her instructors and supervisor subjected her to harassment based on pregnancy. Upon investigation, OCR found two violations of Title IX with respect to this complaint.  
    • Letter 
    • Agreement 
  • California Career College (February 2023) 
    • Student filed an OCR complaint alleging discrimination based on sex when the student was forced to withdraw from the college and told to retake a semester when she returned. Before the investigation's completion, and without making any admissions, the College entered a resolution agreement with the Department of Education. In its agreement, the College agreed to, in part, update its website to include information regarding the Title IX Coordinator and give the student the opportunity to return at the same time and status she had when she left without requiring her to retake any assignments she previously completed.  
    • Letter 
    • Agreement 
  • Troy University (January 2023) 
    • Student filed an OCR complaint alleging discrimination based on pregnancy based on allegations that the University did not effectively implement modifications due to pregnancy. Before the investigation's completion the University entered into a resolution agreement with the Department of Education. In its letter, the Department expressed concern that the University did not make reasonable and responsive adjustments for pregnancy-related requests. Additionally, the Department noted that the Title IX Coordinator did not “consistently intervene” when contacted by the student and noted that the evidence to date indicated that the University did not engage in an “interactive process” with the student. Finally, the Department noted that the modifications were “ad hoc” and “uncoordinated.” In its agreement with OCR, the University agreed to, in part, provide training, update its website, review its practices, and implement a system for tracking pregnancy related adjustments.  
    • Letter 
    • Agreement 
  • Salt Lake Community College (June 2022) 
    • Student filed an OCR complaint alleging discrimination based on sex related to allegations that an instructor encouraged her to drop a course and told the student to take responsibility for her pregnancy, by failing to engage in an interactive process with respect to her requests for academic adjustments, and did not excuse the student's absences related to pregnancy. The student also alleged that the Title IX Coordinator did not promptly and equitably respond to her complaint regarding the instructor’s comments that she take responsibility for her pregnancy. OCR investigated and found violations of Title IX related to the student's allegations.  
    • Letter  
    • Agreement 

• Providing Urgent Maternal Protections (PUMP) Act
  Statute Text
  Department of Labor Resources
  Department of Labor Pregnant and Nursing Employment Protections Resources

• Pregnancy Discrimination Act
  Statute Text

• Fair Labor Standards Act (FLSA)
  Statute Text
  FLSA Protections to Pump At Work Resources

• Family and Medical Leave Act (FMLA)
  Statute Text
  Department of Labor Resources

• Pregnant Worker’s Fairness Action (PWFA)
  Statute Text
  Equal Employment Opportunity Commission Resources
  PWFA Proposed Regulations (August 2023)

• Americans with Disabilities Act (ADA) / 504
  Americans with Disabilities Act
  Section 504, Rehabilitation Act of 1973

• NCAA Resources