Pregnant and Parenting Students and Employees

Title IX of the Education Amendments of 1972 and Title VII of the Civil Rights Act of 1964 prohibit discrimination on the basis of sex – including pregnancy and parental status – in educational programs and activities and in employment.

The Office of Gender Equity & Inclusion can assist students and employees who believe they have been discriminated against on the basis of pregnancy or parental status.  Please contact us if you would like to schedule a consultation to discuss your concerns.

Federal Legislation Related to Pregnancy

In October 2022, the Office for Civil Rights published Discrimination Based on Pregnancy and Related Conditions: A Resource for Students and Schools outlining protections for students.

Impairments resulting from pregnancy, such as gestational diabetes or preeclampsia, may be disabilities under the Americans with Disabilities Act.

Together, the Pregnancy Discrimination Act (PDA) and the Americans with Disabilities Act (ADA) provide some protections for pregnant workers.  However, there is no federal law that explicitly and affirmatively guarantees all pregnant workers the right to reasonable accommodation so that they can continue working without jeopardizing their pregnancy.

The proposed Pregnant Workers Fairness Act (H.R. 2694) would establish a pregnant worker’s right to reasonable accommodations, provided they do not impose an undue burden on their employer.

On July 8, 2022 President Biden signed Executive Order 14076, Protecting Access to Reproductive Healthcare Services, which directs the Secretary of Health & Human Services (HHS) to identify actionable steps to protect and expand access to abortion care, expand education about reproductive healthcare services, and protect pregnant people’s safety and security.

Biden has signed the following Executive Orders related to sex and gender. Executive orders are issued by the President of the United States, acting in their capacity as head of the executive branch, directing a federal official or administrative agency to engage in a course of action or to refrain from a course of action. Executive orders are enforceable to the extent that they represent a valid exercise of the President’s power.

President Biden has also established the White House Gender Policy Council to advance gender equity and equality in domestic and foreign policy development and implementation.

Resources & Support for Pregnant Students

Title IX is a federal civil rights law that prohibits discrimination on the basis of sex and includes protections for students who are pregnant or may become pregnant.  Title IX ensures that pregnant and parenting students are not “treated differently” than other students – schools must treat pregnant students in the same way that they treat similarly situated students. Any special services provided to students who have temporary medical conditions must also be provided to pregnant students. OGEI can assist with ensuring that pregnant and parenting students are able to fully access and participate in education programs and activities.

Resources for Students

Frequently Asked Questions for Students

  • Title IX offers students protections for pregnancy and related conditions, including pregnancy, childbirth, delivery, post-delivery, expressing breast milk, breastfeeding, medically necessary recovery, post-delivery medical procedures arising from the birth.
  • Long-term conditions such as postpartum depression or permanent medical issues arising from pregnancy can be accommodated through Accessibility Resources.
  • For more information about how Title IX protects students from discrimination on the basis of pregnancy or parenting, see the U.S. Department of Education’s Office for Civil Rights website

You can schedule an appointment with Accessibility Resources to identify appropriate accommodations. If you are considering a leave of absence, you can contact the Dean of Students office.  You can also contact OGEI to schedule an appointment to discuss interim measures available to complete academic requirements, such as excused absence, breaks, access to online education, changes in schedule or course sequence, time extensions, alternate assignments, changes in physical space or supplies, and rescheduling exams.

Students who are pregnant, or have a pregnancy-related condition, are entitled to reasonable accommodations to allow the student to continue their educational pursuits as long as such accommodations do not create an undue hardship on the program/department or fundamentally alter the nature of the program:  Examples of reasonable accommodations include, but are not limited to:

  • flexibility with attendance including excused absences
  • breaks during class
  • allowing frequent trips to the restroom
  • deadline extensions
  • rescheduling tests or exams
  • alternatives to make up missed work
  • temporary elevator access
  • changes in work schedules
  • parking and transportation access
  • medical leave of absence, including allowing the student to return to the same academic and extracurricular status as before the medical leave began
  • providing pregnant students with the same special services as other students with temporary medical conditions such as independent study, remote classrooms, or other similar types of academic adjustments 

If you wish to request accommodation due to pregnancy or pregnancy-related conditions, please complete the Pregnancy Accommodation/Adjustment Request Form, which can be accessed by contacting OGEI at ogei@uc.edu

You are not required to share any medical information directly with your professors. Medical documentation may be required for securing accommodations through the  Accessibility Resources office. You will need to communicate with your professors about the academic needs you may have and the alternatives they may identify for you – but you do not need to disclose your pregnancy or any other medical information. If you receive accommodations through Accessibility Resources or assistance through OGEI, your medical details/diagnosis are not shared with the professor except to the extent necessary to implement the accommodations. For example, if you are on bedrest for a period of time and can only participate in classes remotely, your remote participation will be disclosed but not the underlying reason for your bedrest. 

Students who are not the pregnant parent can receive excused absence for delivery, as well as for doctor appointments related to pregnancy.

Yes. You can do this by contacting ogei@uc.edu to schedule a time to discuss your absence.  You can also contact the Dean of Students office to obtain an excused absence.

Pregnant students may require an adjustment in placement, schedule, or duties.  For example, a clinical rotation where a pregnant student may not be able to be exposed to radiation.  Students are encouraged to contact their advisor/director/supervisor and/or OGEI proactively to plan for such situations.

Once you have engaged OGEI and/or other appropriate campus office to receive accommodations/interim measures, your faculty may wish to give you alternate assignments or exams to preserve the integrity of the academic work required for their course/s.  However, if you feel that your faculty are not giving you reasonable and appropriate alternatives, please contact OGEI to discuss your concerns.

No.  A student who is pregnant or has given birth may not be required to submit medical certification for participation in education activities or programs unless such certification is also required for all other students with physical or emotional conditions requiring the attention of a physician.

UC provides designated Lactation Rooms across campus to faculty, staff, students, and visitors in need of a private space to express milk or nurse. These rooms all lock from the inside, offer electrical outlets for breast pumps, and provide a comfortable place to sit. If you have questions or concerns about accessing lactation rooms on campus, call the UC Women's Center at 513-556-4401. For more information about University policies and resources for pregnant and parenting faculty, staff, and students under Title IX contact the Office of Gender and Equity and Inclusion at 513-556-3349. A list of lactation rooms can be found at the bottom of this page.

The university of Cincinnati does not tolerate sex-based discrimination or harassment, including harassment based on pregnancy and related conditions. If a pregnant student experiences harassment based on their pregnancy, the student should contact the Office of Gender Equity & Inclusion immediately. 

As long as the student remains enrolled and in good standing when the student is not medically required to be absent, the student will not lose their scholarship due to pregnancy.

  • Yes. Title IX prohibits a school from excluding a pregnant student from any part of its education program, including all extracurricular activities such as school clubs, organizations, academic societies, honors programs, and athletics.
  • Title IX also protects pregnant students’ participation in off-campus programs such as internships, experiential education, service learning, cooperative education (“co-op”), and career rotations.

Yes, graduate and teaching assistants are entitled to reasonable accommodations in the workplace.

Resources and Support for Pregnant Employees

The Pregnancy Discrimination Act of 1978 (“PDA”), which amended Title VII of the Civil Rights Act of 1964, prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions. People who are pregnant or affected by pregnancy-related conditions must be treated in the same manner as other applicants or employees with similar abilities or limitations. The PDA covers all aspects of pregnancy including current pregnancy, past pregnancy, potential or intended pregnancy, and medical conditions related to pregnancy or childbirth.

Employees with pregnancy-related medical conditions may also find protection under the Rehabilitation Act of 1973, which affords reasonable accommodations and protection from adverse employment actions based on disability to qualified individuals with disabilities. Under the Rehabilitation Act, pregnancy itself is not considered a disability. However, a physical or mental impairment that occurs as a result of or during the course of pregnancy or childbirth may be a disability under the law if it substantially limits a major life activity.

Resources for Employees

Frequently Asked Questions for Employees

Title VII’s pregnancy-related protections include:

  • Hiring: An employer cannot refuse to hire a pregnant person because of their pregnancy, because of a pregnancy-related condition, or because of the prejudices of co-workers, clients, or customers.
  • Pregnancy and Maternity Leave: An employer may not single out pregnancy-related conditions for special procedures to determine an employee's ability to work. If an employee is temporarily unable to perform their job because of pregnancy, the employer must treat the employee the same as any other temporarily disabled employee.
  • Work: Pregnant employees must be permitted to work as long as they are able to perform their jobs. If an employee has been absent from work as a result of a pregnancy-related condition and recovers, their employer may not require them to remain on leave until the child’s birth.
  • Health Insurance: Any health insurance provided by an employer must cover expenses for pregnancy-related conditions on the same basis as costs for other medical conditions. An employer need not provide health insurance for expenses arising from abortion, except where the life of the mother is endangered.
  • Benefits: If an employer provides any benefits to workers on leave, the employer must provide the same benefits for those on leave for pregnancy-related conditions.  Employees on leave because of pregnancy-related conditions must be treated the same as other temporarily disabled employees for accrual and crediting of seniority, vacation calculation, pay increases, and temporary disability benefits.
  • Protection from Retaliation: It is unlawful to retaliate against an individual for opposing employment practices that discriminate based on pregnancy or for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under Title VII.

The Equal Employment Opportunity Commission (“EEOC”) provides a technical assistance document that summarizes rights and responsibilities under the PDA with respect to pregnancy, childbirth and related medical conditions.

No.

Employees who are pregnant or have a pregnancy-related condition, are entitled to reasonable accommodations to allow them to continue employment pursuits, as long as such accommodations do not create an undue hardship on the department.  Examples of accommodations are:

  • more frequent breaks
  • permitting frequent trips to the restroom
  • flexibility with attendance including excused absences
  • access to places to sit and to elevator access
  • flexibility in work assignments
  • limits on lifting
  • ergonomic furniture
  • parking and transportation assistance
  • leave of absence

If you wish to request accommodation due to pregnancy or pregnancy-related conditions, please reach out to OGEI at ogei@uc.edu to receive the Pregnancy Accommodation/Adjustment Request Form.

Yes. The Patient Protection and Affordable Care Act requires employers to provide reasonable break time for an employee to express milk for their nursing child for one year after the child's birth each time such employee has the need to express milk. Employers are also required to provide a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express milk. For more information regarding this policy at UC please visit the Labor Relations and Policy Department.

UC provides designated Lactation Rooms across campus to faculty, staff, students, and visitors in need of a private space to express milk or nurse. These rooms all lock from the inside, offer electrical outlets for breast pumps, and provide a comfortable place to sit. If you have questions or concerns about accessing lactation rooms on campus, call the UC Women's Center at 513-556-4401. For more information about University policies and resources for pregnant and parenting faculty, staff, and students under Title IX contact the Office of Gender and Equity and Inclusion at 513-556-3349. A list of lactation rooms can be found at the bottom of this page.

Information for Instructors and Supervisors

Frequently Asked Questions for Instructors

  • Instructors have the responsibility and authority to make a variety of reasonable adjustments or modifications without requiring that a student work with Accessibility Resources or the Office of Gender Equity & Inclusion. In general, the types of adjustments or modifications instructors may grant include:
    • Short breaks during class and examinations;
    • Adjusted timelines for completing work or assignments;
    • Other reasonable adjustments that will allow a student to continue accessing their education
  • Instructors who have been contacted by Accessibility Resources regarding implementation of accommodations(s) for specific students must do so. If you believe the required accommodation would significantly change your classroom or course requirements, please contact Accessibility Resources.
  • Instructors who have been contacted by the Office of Gender Equity & Inclusion (OGEI) regarding the implementation of adjustments or modifications for specific students are welcome to contact OGEI for consultation.

No. Instructors should not ask students about their pregnancy or complications. If a student’s specific modification request does not seem appropriate for your course or learning environment, please contact the Office of Gender Equity & Inclusion for consultation.

·       No. Instructors may not ask students for medical documentation.

A student must not be penalized for absences known to be due to pregnancy, childbirth, or related medical conditions. An instructor may not reduce a pregnant student’s grade because of attendance or participations points that the student missed during absences dur to their pregnancy-related condition.  Instructors must provide pregnant students a reasonable opportunity to earn back any points or credit missed due to pregnancy.

No. under Title IX, the University cannot exclude someone from class based on their pregnancy.

The University must provide the same services to pregnant students that it provides to other students with temporary disabilities.

If a student offers you medical documentation, do not accept it.  Instead, refer the student to Accessibility Resources

Frequently Asked Questions for Supervisors

  • Instructors have the responsibility and authority to make a variety of reasonable adjustments or modifications without requiring that a student work with Accessibility Resources or the Office of Gender Equity & Inclusion. In general, the types of adjustments or modifications instructors may grant include:
    • Short breaks during class and examinations;
    • Adjusted timelines for completing work or assignments;
    • Other adjustments that are reasonable and will allow a student to continue accessing their education.
  • Instructors who have been contacted by Accessibility Resources regarding implementation of accommodations(s) for specific students must do so. If you believe the required accommodation would significantly change your classroom or course requirements, please contact Accessibility Resources.
  • Instructors who have been contacted by the Office of Gender Equity & Inclusion (OGEI) regarding the implementation of adjustments or modifications for specific students are welcome to contact OGEI for consultation.

No. Supervisors should not ask employees about their pregnancy or complications. If an employee’s specific modification request does not seem appropriate for your work environment, please contact the Office of Gender Equity & Inclusion for consultation.

No. Supervisors may not ask employees for medical documentation.

  • An employer must permit a pregnant employee to do their job as long as the employee is capable of performing the job. In addition, an employer may not single out pregnancy or related conditions for special procedures to determine an employee’s ability to work.
  • While an employer has a duty to protect employees’ health and safety, it has no extra duty to protect pregnant or potentially pregnant employees from dangerous work conditions. Policies that exclude members of one sex from a workplace for the purpose of “protecting” that sex is not permitted.
  • If the employee is requesting a reasonable modification such as the need for more frequent or longer restroom breaks, the modification of a food or drink policy, or providing seating, you should support and implement the request. But you should not ask an employee about their pregnancy and/or any medical issues.
  • If an employee makes a request that you’re not sure is appropriate or reasonable, don’t decline the request but instead refer the employee to OGEI for assessment. 

Yes. Breastfeeding employees can contact OGEI to discuss reasonable modifications to support them in continuing to work / attend class. A list of available lactation rooms can be found at the end of this page.

  • Supervisors should avoid reliance on stereotypes or biases about caregivers that may result in unlawful conduct, including:
    • Assuming that female employees have caregiving responsibilities that will interfere with their ability to succeed in a fast-paced environment;
    • Assuming that pregnant employees will be unable to continue performing physically challenging work;
    • Assuming that employees who work part-time, have modified work schedules, or take advantage of flexible work arrangements are less committed to their jobs.

Paid Parental Leave

Paid Parental Leave (PPL) is available to all full-time staff and faculty. Additional information can be found on Human Resources' page on Paid Parental Leave FAQs. 

External Resources for Pregnant and Parenting People

The Job Accommodation Network provides helpful information on requesting accommodations due to pregnancy-related limitations.

U.S. Department of Health & Human Services Office on Women's Health

Lactation Rooms

The University of Cincinnati provides designated Lactation Rooms across campus to faculty, staff, students, and visitors in need of a private space to express milk or nurse. These rooms all lock from the inside, offer electrical outlets for breast pumps, and provide a comfortable place to sit.

The Patient Protection and Affordable Care Act requires employers to provide reasonable break time for an employee to express milk for their nursing child for one year after the child's birth each time such employee has the need to express milk. Employers are also required to provide a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express milk. For more information regarding this policy at UC please visit the Labor Relations and Policy Department.

If you have questions or concerns about accessing lactation rooms on campus, call the UC Women's Center at 513-556-4401. For more information about University policies and resources for pregnant and parenting faculty, staff, and students under Title IX contact the Office of Gender and Equity and Inclusion at 513-556-3349.

Gaining Access to Lactation Rooms

Lactation rooms on campus are accessible only by key. Anyone requiring access to a lactation room can contact the Department of Public Safety's Technical Services unit to request a key by calling 513-556-4925 unless otherwise noted in the room description below.

West Campus Lactation Rooms

The College of Law is an academic building located at 2925 Campus Green Drive off of Martin Luther King Drive. The room contains a chair, sink, countertop and refrigerator. To access the room, the key is located in the door's lock and can be removed when the room is in use. The College of Law building is open to anyone from 8-5 Monday-Friday. Outside those hours and on the weekends, the building is available to law students, faculty and staff by key card access.

The College of Design, Architecture, Art, and Planning Complex is an academic building located in the far northwest corner of campus at the intersection of Clifton Avenue and Martin Luther King Drive. The room contains chair, sink, countertop and refrigerator. You must have a key to access this room. To request a key contact the Department of Public Safety's Technical Services at 513-556-4925.

Edwards Center is located in the southeast corner of campus. at the corner of Corry Boulevard and Jefferson Ave. The room is located in Edwards Center Building 1 which is closest to Jefferson Ave. The room contains a chair, sink, countertop, and refrigerator. You must have a key to access this room. To request a key contact the Department of Public Safety's Technical Services at 513-556-4925. At this time, the room is not clearly marked. It is located opposite the elevators on the fifth floor.

French West is an academic building located off Common Way. The lactation room is located on the 6th floor of the building and contains chair, sink, countertop and refrigerator. You must have a key to access this room. To request a key contact the Department of Public Safety's Technical Services at 513-556-4925.

Langsam Library is located above the Woodside Garage, just off of Martin Luther King Dr. A key can be obtained from the library service desk or by calling Department of Public Safety's Technical Services at 513-556-4925. 

Lindner Hall Business College is an academic building located in the northeastern area of campus adjacent to Campus Green Garage off Martin Luther King Drive. The room contains a chair, sink, countertop and refrigerator. For access, call 513-556-7003 to reach the Lindner College of Business Manager for Building Operations.

Old Chemistry is an academic building located near the science buildings in the northwest area of campus. The room contains chair, sink, countertop and refrigerator. You must have a key to access this room. To request a key contact the Department of Public Safety's Technical Services at 513-556-4925.

Rhodes Hall is an academic building located in the northern part of campus, across the plaza from Langsam Library. The room contains a chair, sink, and countertop. To request a key contact the Department of Public Safety's Technical Services at 513-556-4925. 

Teachers Dyer Complex is an academic building located in the southwest area of campus off McMicken Circle. The room contains multiple chairs, a sink, and a countertop. You must have a key to access this room. To request a key contact the Department of Public Safety's Technical Services at 513-556-4925.

Tangeman University Center is a conference and event center located in the heart of campus off Main Street. The lactation room is on the fourth floor next to the elevator, and contains a chair, sink, and refrigerator. To access the room, visit the MainStreet Connect Center desk on the 4th floor upon arrival. If the MainStreet Connection Center is closed you can call 513-266-8942 to reach a TUC operations team member who will assist you.

Van Wormer is an office building located in the southwestern part of campus on McMicken Circle near University Pavilion. The room contains a chair, sink, countertop, and refrigerator. You must have a key to access this room. To request a key contact the Department of Public Safety's Technical Services at 513-556-4925.

Medical Campus Lactation Rooms

The Medical Science Building is located in the heart of the medical campus. You must have a key to access this room. To request a key contact the Department of Public Safety's Technical Services at 513-556-4925.

Procter Hall is located in the southwest corner of the medical campus at the corner of Martin Luther King Drive and Vine Street. You must have a key to access this room. To request a key contact the Department of Public Safety's Technical Services at 513-556-4925.

University Hall is located in the southwest corner of the medical campus off Goodman Drive near the Marriott Kingsgate Conference Center. To access this room you must go through the Central HR Reception area.

Other Locations

Once on the 3rd floor go straight and to the left. 

Both rooms are located across the kitchen area and are accessed by key (held by Teresa Hamrick 513 556 1493)   Both rooms contain a chair, sink, countertop and refrigerator. 

The room is accessible by key card swipe or Bearcat card.

The room is accessible by checking out the key at the Information Desk in the Student Services building.