Title IX Basics

Title IX of the Education Amendments of 1972, or “Title IX,” is a federal law that prohibits discrimination based on sex in educational programs. The law is a key tool for ensuring that all people have an equal opportunity for education, regardless of their sex or gender.

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” Title IX

Title IX protects students and employees of nearly all educational programs that receive federal funds; that includes students and employees of K-12 schools, colleges, universities, as well as educational programs in libraries, museums, vocational programs, and prisons.  Title IX protects people of all sexes and genders from discrimination, not just women.

Title IX makes it illegal to discriminate because of sex, which includes discrimination on the basis of pregnancy, childbirth, lactation, miscarriage, abortion, or related conditions, including recovery. Title IX also ensures the right for pregnant and postpartum students to get changes at school when needed, and to take medically necessary leave. The law bans harassment, intimidation, or other discrimination in schools because of pregnancy-related conditions.  

Further, any rules concerning parental, family, or marital status may not apply differently based on sex. For example, universities cannot provide women with time to bond with or care for their children and not men.

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.

Students must be allowed to take time off of school for pregnancy, childbirth, miscarriage, abortion and/or recovery for as long as their liscened healthcare provider 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 school’s leave policy ordinarily allows.  Students cannot be penalized for taking leave, and must be able to return to school in the same status they held before taking leave.   

If you would like information about taking time off of your employment due to pregnancy or related conditions, see “Working at School While Pregnant or Parenting.” 

Schools are required to provide pregnant students, and students with related conditions (such as childbirth recovery, lactation, postpartum depression) with “reasonable academic adjustments.” Those are changes to policies, procedures, and practices to allow the student equitable access to education in light of their health needs.

Examples of common reasonable academic adjustments include:

• A larger or different desk
• Breaks during class, labs, or exams to eat, drink, use the restroom, or pump milk
• Parking or elevator access
• Access to online classes or coursework
• Changes in schedule or couse sequence
• Extensions on deadlines and rescheduling tests

Under the updated Title IX rules, insitutions must protect personally identifiable information collected for the purposes of following Title IX. Disclosure only allowed in limited circumstances.

Any staff member who is informed by a student (or the student’s representative) that they are pregnant must inform the student that the Title IX office is available to offer support through arranging accoomodations, leave, or other support. The Title IX office is responsible for ensuring pregnant and postpartum students get the changes they need to stay healthy while being able to continue their education.

Institutions of higher education are required to have at least one person who manages Title IX complaints and facilitates accommodations, typically called a “Title IX coordinator.”  Your school is required to clearly identify who the coordinator is, how they can be contacted, how to file a complaint, and the process the school follows to resolve complaints.  Violations of Title IX are also enforced by the federal government and through individual lawsuits.  

For more information on filing a complaint, see our guide to reporting.