Title IX Protections for Pregnant and Parenting Students and Employees

Title IX of the Education Amendments Act of 1972 prohibits discrimination based on sex in educational settings. This protection extends to students who are pregnant, have experienced a pregnancy-related condition, or are new parents. This protection applies to both men and women.

Pregnancy-related conditions include:

Pregnancy
Childbirth
False pregnancy
Miscarriage

Termination of a pregnancy
Conditions arising in connection with pregnancy
Recovery from any of the above conditions

Get Support

Submit the Pregnancy and Parenting Supportive Measures Request Form or contact the Title IX Coordinator at TitleIX@ung.edu or 706-867-4560.

Note: Because support cannot be issued retroactively, those who have a pregnancy-related condition should complete the Pregnancy and Parenting Supportive Measures Request Form as soon as possible. This will allow us to begin working with you to explore supportive measures to fit your needs.

We are committed to maintaining your privacy. Information you share related to your pregnancy and parenting status will not be shared with others, including faculty, unless you grant us permission to share it.

Protections for Pregnant Employees

In addition to Title IX protections, there are two federal laws that may require an employer to accommodate a pregnant employee: The Pregnancy Discrimination Act (PDA) and the Americans with Disabilities Act (ADA). If someone is temporarily unable to perform their job due to a medical condition related to pregnancy or childbirth, the employer or other covered entity must treat them the same way as it treats any other temporarily disabled employee.

The PDA forbids employment discrimination based on pregnancy, childbirth or medical conditions related to pregnancy or childbirth. The law requires employers to treat a pregnant employee who is temporarily unable to perform or is limited in performing the functions of her job because of pregnancy, childbirth, or a related medical condition in the same manner as it treats other employees who are similar in their ability or inability to work. Under the PDA, a covered employer is responsible for making job-related modifications (or accommodations) for pregnant workers when the employer does so for other employees who are similarly limited in their ability to perform job functions. A change in duties can include, for example, light duty, alternative assignments, additional breaks, or unpaid leave. For example, an employer with a policy of accommodating most non-pregnant employees with lifting limitations would be required to also accommodate pregnant employees with lifting limitations.

The ADA requires employers to provide reasonable accommodations to employees with disabilities so long as doing so does not impose an undue hardship on the employer. Although pregnancy alone is not a disability under the ADA, many pregnancy-related conditions are disabilities that an employer may have to accommodate under the ADA. An employee with a pregnancy-related disability under the ADA may also qualify for Family Medical Leave Act (FMLA) leave.

Find more information on the Pregnancy and New Parent Resources for Employees

Supportive Measures

Pregnant and parenting students and employees are entitled to reasonable supportive measures for as long as their doctor deems it medically necessary. Each situation is unique, and reasonable supportive measures will be highly dependent on the requirements of an individual's course and/or work environment.

The non-exhaustive list below provides supportive measures examples that may be afforded depending on the unique situation.

Extending deadlines and/or allowing a student to make up tests or assignments
Identifying alternative assignments in lieu of class participation credit
Excusing medically necessary absences
Altering the mode of learning (e.g., online courses, video lectures)
Granting incomplete grades for courses to be completed later

Modifications of the physical environment, such as accessible seating or providing temporary elevator access
Allowing more frequent trips to the restroom or breaks for water or food
Providing temporary disability parking permits
Providing larger uniforms for athletics or on-campus jobs
Granting reasonable time and private space to pump breast milk

Frequently Asked Questions

What types of assistance must a school provide to a pregnant student?

The University must provide reasonable supportive measures for as long as the student’s doctor deems it medically necessary. A pregnant student should complete the Pregnancy and Parenting Supportive Measures Request Form as soon as possible.

It is important for the student to remain in contact with their faculty to determine a "reasonable" time to make-up, submit assignments, and take exams and quizzes. If an "Incomplete" is required, all necessary approvals must be obtained by the student.

Does a school have to excuse a student's absences due to pregnancy or childbirth?

Yes. When the student returns to school, the student must be reinstated to the status held when the leave began.

Does a school need to provide special services to a pregnant student?

Title IX requires a school to provide the same special services to a pregnant student as it provides students with temporary medical conditions.

What about a policy about class attendance/make-up work?

Extended deadlines and make-up work are reasonable adjustments if the absence was due to pregnancy or childbirth. Alternative assignments should be offered in lieu of class attendance or participation credits.

Do I need to notify the University that I am pregnant or parenting?

No, you do not need to notify any University official that you are pregnant. However, you are encouraged to communicate with each of your faculty members about your plans. You may also consider completing the Pregnancy and Parenting Supportive Measures Request Form so it is on file should you need any supportive measures in the future.

I feel like my faculty member is not taking supportive measures for my requests. Who should I contact?

You should contact the Title IX Coordinator at TitleIX@ung.edu or 706-867-4560.

I had a pregnancy related complication. Can I request supportive measures?

In certain situations, a pregnancy-related complication may be protected under the Americans with Disabilities Act (ADA), entitling the student to a reasonable supportive measures. Please contact the Title IX Coordinator and they can work with you and the Office of Student Accessibility Services for medical-related supportive measures resulting from pregnancy.

I am a student-athlete, and I am pregnant or parenting. Do I need to quit the team?

No, you do not need to quit the team. Pregnant student-athletes can continue to participate in a limited manner on the team, including all team-related activities, unless the student-athlete’s physician or other medical caregiver certifies that partial participation is not medically safe.

The NCAA has additional information regarding your rights as a student-athlete.

What about male parents?

The same policy applies to male parents; however, absences must be related to the medical condition of the mother (e.g., prescribed bed rest). Compliance with Title IX is to ensure that all policies are implemented equitably without regard to sex/gender.

Where are the lactation rooms?
Blue Ridge: Room 154

Cumming: Email benefits@ung.edu to schedule a space

Dahlonega: Barnes Hall room 118 and Cottrell room 144

Gainesville: Science, Engineering, and Technology Building room 140

Oconee: Email benefits@ung.edu to schedule a space

Can harassing a student because of pregnancy violate Title IX?

Yes. Title IX prohibits harassment of students based on sex, including harassment because of pregnancy or related conditions. Harassing conduct can take many forms, including verbal acts and name-calling, graphic and written statements, and other conduct that may be humiliating or physically threatening or harmful.

Actions that could constitute prohibited harassment include making sexual comments or jokes about a student’s pregnancy, calling a pregnant student sexually charged names, spreading rumors about her sexual activity, and making sexual propositions or gestures.

What to expect from UNG
Start by communicating what you will require to be successful during the semester. Creating an open line of communication is the best way to be supported.

You may choose to complete the Pregnancy and Parenting Supportive Measures Request Form or email TitleIX@ung.edu with questions.

Response Guidelines

From Faculty

Students are encouraged communicate their situation to ensure that appropriate supportive measures are provided.

Student absences for pregnancy or any related conditions will be excused for as long as it is medically necessary.

Students will not be forced to change their major or degree program.

When students return to school, they will be reinstated to the status they had before they left.

Faculty may not “dock” a student’s grade for not being able to attend a class due to a pregnancy related condition.

Faculty must let the student make up any work that was missed due to pregnancy or any related conditions, including recovery from a miscarriage, termination, or childbirth.

Faculty must allow the student to leave the classroom when needed to express breast milk during class time without being “docked” points.

From Academic Programs

Prohibitions: Certain programs may determine that a pregnant student, at certain stages in their pregnancy, should not participate due to certain prohibitions (jeopardizing health). Any prohibition should be vetted by the Title IX Coordinator. If deemed appropriate and compliant with law and policy, the course catalog and syllabus must clearly provide notice to students of the prohibition and reason.

If there is a bona fide occupational qualification that prohibits participation by a pregnant student, it cannot be waived; however, all prohibitions need to be carefully considered by the Title IX Coordinator for compliance.

Clinical and Internship Requirements: Must be reviewed on a case-by-case basis to determine if supportive measures can be made such as moving groups around, make-up hours or "Incompletes" with plan for completion.

From Coaches

It is up to the student and their medical provider to determine if the student-athlete can play while pregnant, for how long, and what supportive measures are needed.

Student-athletes should not be mandated to disclose pregnancy status.

Disclosure of pregnancy status should only be revealed with written authorization from the student-athlete.

NCAA bylaws protect student-athletes with temporary medical disabilities, and at a minimum, the law requires institutions to treat pregnancy like it treats other disabilities.

Student-athletes should be recruited and given scholarships and other opportunities regardless of pregnancy or parenting status.

A student-athlete’s financial aid award cannot be conditioned on not becoming pregnant.

A pregnant student-athlete’s athletic financial aid award is protected during the award term.

Pregnant students-athletes should not be forced to stop playing arbitrarily or lose their status on the team.

Students-athletes with pregnancy-related leave must be allowed to return to the team when it is medically safe.

A pregnant student-athlete cannot be retaliated against for reporting or complaining about pregnancy discrimination.

From Supervisors

Title IX covers the full scope of educational programs and activities offered by the University, including hiring, leave policies, health insurance, and job protection coverage.

University of North Georgia will allow student employees who need to take leave for pregnancy related conditions the opportunity to return to their position once they are medically cleared.

Departments must also provide supportive measures (larger desk, more breaks, water, etc.) for pregnant student employees (or those with pregnancy-related conditions) during their workday.

Additional Resources

Supporting the Academic Success of Pregnant and Parenting Students: Department of Education
Discrimination Based on Pregnancy and Related Conditions: Department of Education
U.S. Department of Education Regulations (PDF)

Department of Human Services: Food stamps, Medicaid, Temporary Assistance for Needy Families, Childcare, Adoption
Women, Infants, and Children (WIC): Food, milk, and formula program
Georgia Temporary Assistance for Needy Families
Crisis Pregnancy Locator Map