On October 4, 2022, the U.S. Department of Education (“DOE”) released guidance on discrimination based on pregnancy and related conditions, reminding school districts that Title IX “protects students and employees from discrimination based on pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery therefrom.” Ohio School Board’s Association.
Specifically, the guidance informs districts of their obligations under Title IX regulations to:
- Not discriminate against or exclude any student from an education program or activity based on a student’s pregnancy, childbirth, false pregnancy, termination of pregnancy or recovery therefrom.
- Not discriminate or exclude from employment any based on the employee’s or applicant’s pregnancy, childbirth, false pregnancy, termination of pregnancy or recovery therefrom.
- Treat pregnancy, childbirth, false pregnancy, termination of pregnancy or recovery therefrom the same as any other temporary disability with respect to any medical benefits, services, plans or policies for students or employees.
- Provide leave to students for pregnancy, childbirth, false pregnancy, termination of pregnancy or recovery therefrom, for as long as the student’s physician deems medically necessary. For employees, if a school does not have a leave policy, or if an employee has insufficient leave or accrued employment time to qualify for leave under the school’s policy, the school must treat pregnancy, childbirth, false pregnancy, termination of pregnancy or recovery therefrom as justification for a leave of absence without pay for a reasonable period of time.
- Ensure its instructors’ policies and practices do not discriminate against students because of pregnancy, childbirth, false pregnancy, termination of pregnancy or recovery therefrom.
To read this guidance, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.