Pregnancy itself is not a disability, but many of its complications and side effects can be under the ADAAA. Pregnant women are also protected from discrimination by Title IX, even when a pregnancy produces no complications.
A 2013 Dear Colleague letter from the Education Department, directed to K-12 schools is equally applicable (see paragraph below), to postsecondary schools.
Schools must treat pregnant students in the same way that they treat similarly situated students. Thus, any special services provided to students who have temporary medical conditions must also be provided to pregnant students. Likewise, a student who is pregnant or has given birth may not be required to submit medical certification for school participation unless such certification is also required for all other students with physical or emotional conditions requiring the attention of a physician.
One school of thought suggests that if a pregnant student makes a reasonable request, it serves little good to tell the student to work with the Title IX coordinator when common courtesy via the DSS office could provide some assistance. This is the Nike rule – — “just do it” — in action. Moreover, DSS offices have experience in working with faculty/students in regard to adjustments and modifications, and it makes sense to tap that expertise. If the pregnancy does have complications of a disabling nature, requesting documentation (to aid in determining appropriate accommodations) is not unreasonable.
The Pregnant Scholar Project: This site provides resources for students, postdocs, faculty, administrators, and others in institutions of higher education, including colleges, community colleges, universities, and similar programs. Material at the site is based upon work supported by the National Science Foundation under Grant Number (IIA-1449752) and is part of the Center for WorkLife Law at University of California, Hastings College of the Law.
Resolution Agreement Salt Lake Community College: This resolution agreement seeks to extend a school’s legal obligations under Title IX such that schools would have a duty to extend to all pregnant students the same kinds of accommodations when necessary as are already extend to students with disabilities. The decision suggests that the section 504 regulations will soon be revised to establish a required process for schools to follow before concluding that a proposed accommodation is a fundamental alteration. (OCR Complaint Number 08-22-2021.)
WINAHEAD 