Title IX doesn't only offer protection from sexual misconduct on college and university campuses. The federal guidelines also seek to address the unfair treatment of students by schools based on students' gender or sexual orientation. This includes protecting pregnant students' rights to equal access to education.

Pregnant students risk being singled out as their schedules change due to the demands of prenatal care or complications from the pregnancy. Not all academic atmospheres are open to alterations of coursework.

School Fails to Create Atmosphere for Safe Pregnancy

A Utah school was subject to a federal investigation after a professor encouraged a pregnant student to drop a course rather than “engage in an interactive process” to determine “appropriate academic adjustments” to ensure she had equal access to education. The U.S. Department of Education's Office for Civil Rights (OCR) alleged the school violated federal Title IX regulations after they declined to provide an altered schedule that could support a healthy pregnancy.

OCR found that the professor refused to provide the pregnant student's excused absences, work with the student to reasonably change her course schedule, and allow her to make up missed assignments due to her pregnancy. In their subsequent failure to respond to discrimination claims, the school acted contrary to Section 504 of the Rehabilitation Act of 1973 when it failed to consider whether the student's pregnancy caused a “temporary disability,” thus requiring academic adjustments.

Federal Title IX Law Provides Pregnant Students Path to Redress

Part of Title IX enforcement involves targeting instances of discrimination that hinder a student's equal access to education in federally-funded programs. Due to their link with the U.S. government's implementation of civil rights law, colleges and universities are required to uphold federal protections for pregnant and parenting students, including postdocs.

Title IX protections apply in and out of the classroom as schools must excuse absences for pregnancy, childbirth, or related childcare conditions.

To redress the situation, OCR ordered the Utah school to:

• Evaluate and fulfill requests for academic accommodations
• Improve student access to Title IX information
• Provide staff with additional Title IX training materials
• Strengthen internal Title IX complaint investigation processes

Pregnant Students Also Protected Under the ADA

In addition to Title IX, the Americans with Disabilities Act (ADA) compels colleges and universities to make accommodations for students with legally-recognized disabilities. Under the ADA, conditions related to pregnancy that could be labeled as disabilities under the legislation include:

• Anemia
• Edema
• Gestational diabetes
• High blood pressure
• Mood swings
• Morning sickness
• Other ailments limiting usual daily activity

Pregnant students are protected against discrimination at institutions of higher education by a myriad of federal regulations. Unfortunately, not all colleges and universities are as diligent about following the rules as they should be.

Defend Against Pregnancy Discrimination With a Student Defense Advisor

If you're a pregnant student and your college or university isn't providing you with the accommodations you're entitled to under Title IX, you can retain professional assistance—so you can focus on your studies and your pregnancy.

Joseph D. Lento is an experienced student defense advisor who navigates the complex and fluctuating world of Title IX. He and his team at the Lento Law Firm understand the role of a student-parent and the intricacies of supporting a healthy pregnancy while engaged in schoolwork. If you or a loved one faces a barrier to equal access to education, call the Lento Law Firm at 888-535-3686, or visit the confidential online consultation form.