New Resource for the 2024 Title IX Regulations on Pregnancy or Related Conditions and Parental, Family, or Marital Status
Last week, the Department of Education released a resource* for educational institutions regarding the application of the 2024 Title IX Regulations related to pregnancy or related conditions and parental, family, or marital status as applied to applicants, students, and employees.
This resource provides institutions with information regarding the requirement to provide modifications to its regular programs for students experiencing pregnancy or related conditions, explains training requirements, clarifies expectations regarding records retention, and discusses the role of the Title IX Coordinator. It also provides information regarding lactation spaces and principles of nondiscrimination on the basis of sex, pregnancy or related conditions, and parental, family, or marital status. This resource specifies that the Department of Education interprets Title IX’s prohibitions on discrimination based on sex, 34 C.F.R. 106.10, to include discrimination on the basis of menstruation, perimenopause, menopause, and related conditions.
It is important to note that 26 states and hundreds of individual institutions are currently enjoined from implementing the 2024 Title IX Regulations; however, institutions under both the 2020 and 2024 Title IX Regulations must provide an educational and employment environment that is free from discrimination on the basis of sex, including pregnancy and familial status.
For more information about institutions’ obligations under the 2020 regulations, please check out this article. For information about the 2024 regulations see this article.
If you have questions regarding how to meet your obligations under either the 2020 or 2024 Title IX Regulations, confer with counsel.
* The Department of Education recently updated its website and links within the August 12, 2024 press release are no longer functional. To view the resource, please use this temporary link.
