Title IX’s prohibition on sex-based discrimination includes an obligation to accommodate—and not discriminate against—students who are experiencing pregnancy or related conditions. Colleges and universities must ensure that pregnant students, and those who are lactating or recovering from childbirth or the termination of a pregnancy, are not excluded from participation, denied benefits, or subjected to discrimination in their education programs or activities while enrolled.[1]

While institutions of higher education generally have systems in place to accommodate pregnant employees and to accommodate students and employees with disabilities, there are some unique aspects to accommodating students experiencing pregnancy and related conditions of which schools should be aware.

Below are considerations for colleges and universities to ensure their ongoing Title IX compliance with respect to pregnant students:

• Medical documentation should not be required for every request for pregnancy accommodations. While information from a healthcare provider may be necessary to clarify a student’s limitation or confirm that a condition is related to pregnancy, medical documentation is not necessary to provide the student access to accommodations that are considered standard for pregnant students. These include access to lactation space, larger desks or uniforms, access to water, or more frequent bathroom/rest breaks.
• Medical documentation should not be required for students to resume programs or activities after returning from leave following a pregnancy, unless such documentation is required of all other students returning from leave.
• Accommodations for pregnant students should be are similar to those provided to other students experiencing a temporary disability. If students with disabilities receive accommodations that pregnant students may not, or vice versa, the college or university may be vulnerable to claims of discrimination based on disability or sex.

• Be cautious about excluding pregnant students from participation in programs or activities, or separating programs and activities for pregnant students from those for other students. Except in situations that involve significant, documented safety concerns, the pregnant student should take the lead in determining the limits of their ability to participate.

• When a student returns from a leave of absence based on pregnancy or a related condition, the school must return the student to their prior status. This can be a complicated and individually-tailored exercise, especially for students who took leave mid-semester, or have programs with specific clinical requirements or other standards.
• Pregnant students may approach faculty or staff outside of the Title IX office for pregnancy accommodations, or may have accommodation needs that change over the course of their pregnancy. Colleges and universities should ensure that all faculty and staff are trained in their obligations under Title IX to ensure that pregnant students’ requests are handled in a compliant, non-discriminatory manner.

How Hunton’s Higher Education Team Can Help

Higher education attorneys at Hunton are well-versed in Title IX’s obligations with respect to pregnant students and students experiencing pregnancy-related conditions.  Your Hunton higher education attorney can advise your Title IX and disability offices on the requirements under the law, draft policies and protocols for accommodating pregnant students, and provide training for Title IX offices, university administrators, and faculty. If you have questions about this client alert and its implications for your institution, please do not hesitate to reach out to your Hunton Higher Education attorney for assistance.

[1] Title IX’s requirements to accommodate pregnant students also apply in the K-12 public school setting, but this client alert only focuses on the higher education setting.