Pregnant and Parenting Students and Employees

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.

• EO 14076:  Protecting Access to Reproductive Healthcare Services (signed 07/08/2022)
• EO 14075: Advancing Equality for Lesbian, Gay, Bisexual, Transgender, Queer, and Intersex Individuals (signed 06/15/2022)
• EO 14035: Diversity, Equity, Inclusion, and Accessibility in the Federal Workforce (signed 06/30/2021)
• EO 14021: Guaranteeing an Educational Environment Free From Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity (Signed 03/08/2021)
• EO 13988: Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation (Signed 01/20/2021)

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.

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. OEO can assist with ensuring that pregnant and parenting students are able to fully access and participate in education programs and activities.

UC Women's Center

Accessibility Resources

Medical Leave of Absence

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.

Accessibility Resources

Employee Assistance Program

Leaves of Absence

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. 

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