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Pregnant Scholar Statement on Recent Title IX Lawsuit Decisions 

Pregnant Scholar Statement on Recent Title IX Lawsuit Decisions 

What’s the controversy? 

What legal protections remain in effect? 

  • can’t discipline or harass a student or employee because they are pregnant, have given birth, or have had a miscarriage or abortion. 
  • must allow leave for pregnancy, childbirth, miscarriage and/or abortion for students as long as their physician says is medically necessary, and to employees for a reasonable period of time. 
  • must provide accommodations to students with health needs related to pregnancy, childbirth, miscarriage and/or abortion to ensure they have an equal access to education. This includes providing accommodations, leave, and other benefits to at least the same extent as they are provided to students with disabilities.  
  • cannot discriminate on the basis of sex, which includes adverse treatment based on stereotypes about how people of a certain sex should act. 

Additionally, educational institutions should remember that employees have many of the rights articulated in the new Title IX regulations under other laws which remain in effect. The PUMP for Nursing Mothers Act and similar state laws require employers to provide employees with lactation breaks and space. The Pregnant Workers Fairness Act requires employers to provide reasonable accommodations for all pregnancy-related conditions. These laws apply in addition to pre-existing Title IX rights, and are not impacted by these recent injunctions. 

What’s next? 

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