Pregnancy & 教育法第九章下的育儿
“在美国，任何人不得, 以性别为基础, 被排除在…之外, 被剥夺…的利益, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” – Title IX of the Education Amendments of 1972
- The Department of Education’s regulation implementing Title IX specifically prohibits discrimination against a student based on pregnancy, 分娩, 假怀孕, 终止妊娠, 或者从这些情况中恢复过来.
- A school also must not discriminate against or exclude from employment any employee or employment applicant on these bases.
- A school must ensure that its teachers’ policies and practices do not discriminate against students because of pregnancy and related conditions – for example, a teacher may not refuse to allow a student to submit work after missing a deadline because of absences due to pregnancy or 分娩.
- 学校必须对待怀孕, 分娩, 假怀孕, 终止妊娠, and recovery therefrom the same as any other temporary disability with respect to hospital or medical benefit, service, plan, 或者学生政策.
- 为员工, schools must treat pregnancy and the same related conditions, 包括终止妊娠, as well as any temporary disability therefrom, as any other temporary disability for all job-related purposes, 包括基于就业的医疗, hospital, 还有其他好处.
- A school must provide leave to a student for pregnancy, 分娩, 假怀孕, 终止妊娠, 或者从中恢复, for as long as the student’s physician deems medically necessary.
- After that leave, the student must be reinstated to the status the student held when the leave began.
怀孕工人公平法
The 怀孕工人公平法 requires covered employers to provide “reasonable accommodations” to a worker’s known limitations related to pregnancy, 分娩, 或相关的医疗条件.
- The 怀孕工人公平法 (PWFA) fills in the gaps in existing federal legal protections for workers affected by pregnancy, 分娩, 或相关的医疗条件, even though they may have certain rights under existing laws like Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, 1993年的《家庭和医疗休假法, 以及各种州和地方法律.
- The PWFA applies only to accommodations – existing laws that the EEOC enforces make it illegal to fire or otherwise discriminate against workers on the basis of pregnancy, 分娩, 或相关的医疗条件.
- PWFA不能取代联邦政府, state, or local laws that are more protective of workers affected by pregnancy, 分娩, 或相关的医疗条件.
- The PWFA protects employees and applicants of “covered employers” who have known limitations related to pregnancy, 分娩, 或相关的医疗条件.
- “Covered employers” include public and private sector employers with at least 15 employees, Congress, 联邦机构, 职业介绍所, 劳工组织.
- “Reasonable accommodations” are changes to the work environment or the way things are usually done at work.
- Possible reasonable accommodations include:
- 坐下或喝水的能力;
- 加强停车;
- Additional break time to use the bathroom, eat, and rest;
- Leave or time off to recover from 分娩;
- 免除剧烈活动的.
- Employers are required to provide reasonable accommodations unless they would cause an “undue hardship,” which is significant difficulty or expense to the employer.
额外的信息
- If you need supportive measures related to Title IX or pregnancy, 提交支持性措施请求:
- Submit a 支持性措施要求 (with medical documentation, if pregnant).
- An OIED staff member will meet with you to review the request.
- 当请求被批准时, OIED will generate letters to the appropriate faculty and staff outlining the supportive measures required.
- If you feel that you have a claim for discrimination or harassment related to pregnancy and parenting: