Helpful Resources

• Title IX protections apply in and out of the classroom.
  • The law against sex discrimination covers all aspects of an educational program.  This includes school-sponsored extracurricular activities and internships, athletics, financial aid and scholarships, career counseling, and lab and clinical work. 
• Title IX requires the College to excuse absences for pregnancy, childbirth, or related conditions.
  • Students must be allowed to take time off of school for pregnancy, childbirth, miscarriage, abortion and/or recovery for as long as their doctor says is medically necessary. That could mean a few absences for necessary medical appointments, or a longer leave of absence for a high-risk pregnancy or childbirth. This rule applies even if taking medically necessary leave would require an absence for longer than the College;s leave policy ordinarily allows.  Students cannot be penalized for taking leave, and must be able to return to the College in the same status they held before taking leave.   
• Title IX requires the College to provide pregnant students with services and accommodations equal to those provided to non-pregnant students.
  • The College is required to provide pregnant students, and students with related conditions such as childbirth, or false pregnancy, with at least the same special services as it provides to students with other temporary conditions.  For example, if the College provides homebound instruction or take-home assignments to students who miss school for illnesses, they must do the same for a student who misses school as a result of pregnancy or childbirth. Pregnant students and those with related medical conditions may also be eligible for disability protections and services under the ADA, depending upon their condition.

Here are your key responsibilities under the law, followed by examples of best practices related to each requirement. 

• Inform students anticipating absences or leave related to pregnancy and childbirth that they will not be penalized for exercising their right to take medically necessary leave or leave under your institution’s disability or maternity leave policies.
• Discuss deadlines for make-up work with students. Returning students should have at least as much time to complete each assignment as other students had.  Consider that returning students typically must catch up with the material while also negotiating new family responsibilities and ongoing health concerns.
• Remember that leave means that the student is on leave—not doing school work.  Do not assume that a student on leave will be able to complete academic work during her time away.  As a best practice, any communication with the student during her leave term regarding make-up work or supplementary materials should make clear that the first priority is the student’s health.
• Use flexible scheduling options. A student returning from leave or managing regular medical appointments may be less able to stop by for office hours or attend hastily scheduled meetings. Consider meeting over the phone or video chat, and scheduling standing meetings so that students may plan for them in advance.

Provide academic accommodations for students with conditions related to pregnancy or childbirth. Title IX requires your institution to provide pregnant students with at least the same special services as it provides to students with temporary disabilities. The Americans with Disabilities Act (ADA) and other federal law requires your institution to provide reasonable accommodations to qualifying students with disabilities, including disabilities related to pregnancy and childbirth.  Some students may request accommodations through your institution’s ADA office, and others may come to you directly.  Follow your college’s procedures, and when in doubt, contact the Title IX and/or ADA offices. Examples of pregnancy-related conditions and accommodations are available here.

• Treat pregnancy accommodation requests as you would any ADA request, and refer the student to resources for additional help.  Pregnant students often do not realize their condition may be covered by the Americans with Disabilities Act, and may not know the formal channels for asking for help.
• Don’t request medical information. If a student is struggling, ask to discuss their work and academic needs, but not their medical status.  If information is disclosed to you by the student or another official at your institution, treat the information as confidential.
• Include an accommodation statement in your syllabi so that students with difficulties will be more likely to seek help early (see this syllabi insert for an example).

Respect Student/Postdoc Employees’ Workplace Rights. In addition to Title IX, any student employees that you supervise are also protected by various employment laws.  Such laws guarantee non-discrimination in the workplace, provide job-protected leave for pregnancy and childbirth, and require accommodation of pregnancy-related conditions. 

• Consult with the College's human resources department about student employees’ workplace rights.
• Communicate clearly that employees taking leave will be welcomed back following their absence. Remember that discouraging employees/students from taking their legally guaranteed leave may be considered discrimination.
• Meet with employees who are taking over the work of the employee while they are on leave. Use positive language that reiterates the importance of respecting an employee’s legal right to take leave for family responsibilities and health needs. 
• Review your department’s hiring and employment policies to see if they comply with Title IX and employment law standards, including those for recruitment. Consult with HR or your school’s general counsel if questions arise.

Report Discriminatory Behavior. Title IX provides several mechanisms for ensuring that institutions follow the law. Report and/or reform departmental and institutional policies that discriminate on the basis of sex, pregnancy, related medical conditions (including abortion), or based on parental, family or marital status.  Reports can be made to your campus Title IX coordinator.

• Make sure employees you supervise are aware of their obligation to report discrimination on the basis of sex, including pregnancy, childbirth, related conditions, or family status.  Publicly listing reporting information serves as another reminder that discrimination is serious and will not be tolerated.
• Encourage your department to enact policies that do not treat students differently on the basis of sex.