The U.S. Department of Education’s Office for Civil Rights (OCR) released a fact resource on October 4, 2022, reaffirming that Title IX of the Education Amendments Act protects students and employees from discrimination based on pregnancy and related conditions.
This publication was released four months after OCR announced resolution of its pregnancy discrimination investigation involving Salt Lake Community College. OCR had determined the college violated Title IX and Section 504 of the Rehabilitation Act of 1973 when it failed to engage a pregnant student in the interactive process and did not excuse pregnancy-related absences.
Noting that the regulations have prohibited discrimination based on pregnancy and related conditions since 1975, the OCR fact resource is designed to remind school communities (including students, faculty, families, and educators) that Title IX protects students and employees from discrimination based on pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery from pregnancy. The resource also discusses issues such as discrimination, exclusion, medical and other benefits and services, and leave policies. Additionally, it notes that Title IX provides an exemption for educational institutions controlled by a religious organization if Title IX’s nondiscrimination requirement is inconsistent with the religious tenets of such organization.
Examples of measures that an educational institution must take pertaining to students:
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