The scope of Title IX protections include pregnancy. Under Title IX, institutions cannot discriminate based on on pregnancy, childbirth, termination of pregnancy, or recovery therefrom ( Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance 34 C.F.R § 106 et seq.).
The Office of Civil Rights explicitly states, Title IX prohibits a school from discriminating against a student based on the student’s pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery from any of these conditions. Title IX also prohibits a school from applying any rule related to a student’s parental, family, or marital status that treats students differently based on their sex. Specialized services must be provided to pregnant persons if special services are provided to those with temporary 'medical conditions'.
Dear Colleague letters are produced as guidance to aid institutions in better serving their community and complying with standing law. These letters highlight the protections of pregnancy under Title IX and offer baseline recommendations for policy and procedures for parenting and pregnant community members.