Background
Title IX of the Education Amendments of 1972 ("Title IX") prohibits discrimination against students/applicants for admission and employees/applicants for employment on the basis of sex, including discrimination based on sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.
In accordance with federal and state laws and University of California policies, UC San Francisco will not implement any policy, practice, or procedure concerning a student’s, employee‘s, or applicant’s current, potential, or past pregnancy or related conditions, parental status, family status, or marital status that treats students or employees differently on the basis of sex.
What is included under Title IX protections related to pregnancy and related conditions?
- Pregnancy, childbirth, termination of pregnancy, or lactation;
- Medical conditions related to pregnancy, childbirth, termination of pregnancy, or
- lactation; or
- Recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related conditions
What must a university employee do when they receive a disclosure of pregnancy and pregnancy-related conditions by a student or employee?
When an employee is notified by a student (or person with legal right to act on their behalf) or employee of their pregnancy or related conditions, unless the employee reasonably believes that the Title IX Officer has been notified, the employee must promptly provide that person with:
- The Title IX Officer’s contact information; and
- Inform them that the Title IX Officer/OPHD can provide information about resources, coordinate specific actions to prevent discrimination based on pregnancy, and ensure equal access to employment, education, programs or University activities such as:
- Provide information about the University’s nondiscrimination obligations, specific obligations about pregnancy and related conditions, and obligations to prevent sex discrimination, including sex-based harassment
- Facilitate reasonable modifications
- Allow voluntary access to a separate, comparable program
- Allow voluntary leaves of absence
How can the Title IX Officer/OPHD assist UCSF students and employees with pregnancy and pregnancy related concerns impacting their education and employment?
- Provide information about the University’s nondiscrimination obligations specific to pregnancy and related conditions, and obligations to ensure equal access and prevent sex discrimination
- Facilitate reasonable modifications
- Allow voluntary access to a separate, comparable program
- Allow voluntary leaves of absence
- Ensure access to lactation space
- Limit requirements for supporting documentation
- Ensure comparable treatment to other temporary medical conditions
- Limit requirements for certification to participate
While the Title IX Officer may elect to delegate duties to and/or consult with disability services or others, the Title IX Officer must retain ultimate oversite responsibility to ensure compliance with Title IX regulations. As such, anyone who believes they or someone they know may be experiencing harassment or discrimination based on pregnancy or related conditions, please contact the Title IX Officer promptly for support and assistance. To do so, please contact the Office for the Prevention of Harassment and Discrimination (OPHD) in any of the following ways:
- Email [email protected] for the fastest response.
- Online: Fill out the UCSF Discrimination/Harassment Complaint Form online at ophd.ucsf.edu/reporting-form.
- Voicemail: 415-502-3400 (leave a message to request a callback). We will return your call as soon as possible.
- Office: 490 Illinois Street, Floor 11, San Francisco (by appointment)
About Reasonable Modifications
The University must make reasonable modifications to policies, practices, or procedures as necessary to prevent sex discrimination and ensure equal access to education or employment programs or activities. Reasonable modifications must be based on a student’s or employee’s individualized needs and made in consultation with the student or employee.
A modification that the University can demonstrate would fundamentally alter the nature of the education or employment program or activity is not a reasonable modification. A student or employee has the discretion to accept or decline an offered reasonable modification. If the reasonable modification is accepted, the University must implement it.
Examples of reasonable modifications:
- Breaks during class or work hours to express breast milk, breastfeed, or attend to health needs associated with pregnancy or related conditions, including eating, drinking, or using the restroom
- Intermittent absences to attend medical appointments
- Access to online or homebound education or remote employment when possible
- Changes in schedule or course sequence (students) or changes in work schedule
- Extensions of time for coursework and rescheduling of tests/exams (students)
- Allowing a student or employee to sit or stand, or carry or keep water nearby
- Counseling
- Changes in physical space or supplies (e.g., access to larger desk or footrest)
- Elevator access
- Voluntary access to any separate and comparable portion of the University’s education program or services (students)
- Voluntary leaves of absences (see below for more information about leave of absence options for students and employees)
* The University must not require supporting medical documentation for reasonable modifications unless necessary
Requesting Support
Resources for Students
Resources for Employees
Additional Resources
Frequently Asked Questions
What Title IX protections apply to applicants for admission or applicants for employment?
What Title IX protections apply to lactating students and employees?
What are the physical requirements for lactation spaces for students and employees?
What resources are available at UCSF related to lactation?
What if I need a reasonable accommodation for a pregnancy related medical condition?
What are examples of pregnancy related medical conditions protected by Title IX?
What does parental status mean?
What Title IX protections apply to parental status?
What if I want or need to take a leave of absence as a pregnant or parenting student and employee?