NAICU Washington Update

Guidance on Pregnancy Discrimination Released

October 06, 2022

The Biden Administration released new Title IX guidance that reminds institutions of the prohibition against excluding students or employees from educational programs or activities based on pregnancy or related conditions and reiterates the obligation to treat pregnancy or a related condition the same as any other temporary disability. 
Specifically, the new guidance states that institutions may not discriminate on the basis of pregnancy or related conditions, including childbirth, false pregnancy, termination of pregnancy, or recovery.  The guidance also notes that colleges and universities must provide medically necessary leave to students and employees who are experiencing pregnancy or a related condition.
The Title IX notice of proposed rulemaking released earlier this year also contains new requirements addressing pregnancy discrimination, which has long been prohibited under Title IX. These new requirements are expected to be codified once final rules are issued, likely in a year or more. 

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