Pregnancy and Related Conditions (and Parenting Students)

This policy applies to all applicants for admission, students, applicants for employment, and employees.

Earlham does not discriminate in its education program or activity against any applicant for admission, student, applicant for employment, or employee on the basis of current, potential, or past pregnancy or related conditions as mandated by Title IX of the Education Amendments of 1972 (Title IX) and the Pregnant Workers Fairness Act. Earlham prohibits members of the Earlham community from adopting or implementing any policy, practice, or procedure which treats an applicant for admission, student, applicant for employment, or employee differently on the basis of current, potential, or past parental, family, or marital status. This policy and its pregnancy-related protections apply to all pregnant persons, regardless of gender identity or expression.

Discrimination on the basis of a student’s pregnancy and pregnancy-related conditions and/or failure to provide reasonable accommodations as defined in this policy, constitute a violation of Earlham’s nondiscrimination and ant-harassment policies.

1. Familial Status: The configuration of one’s family or one’s role in a family.
2. Marital Status: The state of being married or unmarried.
3. Parental Status: The status of a person who, with respect to another person who is under the age of 18,[1] is a biological, adoptive, foster, or stepparent; a legal custodian or guardian; in loco parentis with respect to such a person; or actively seeking legal custody, guardianship, visitation, or adoption of such a person.
4. Pregnancy or 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 medical conditions.
5. Reasonable Modifications: Individualized modifications to the Earlham’s policies, practices, or procedures that does not fundamentally alter the Earlham’s education program or activity.
6. Student: Any person who is admitted, enrolled, or registered for study at Earlham College, both undergraduate and graduate, for any academic period and/or those who may attend other educational institutions but reside in an Earlham residence facility. Those who are not officially enrolled for a specific term but who have a continuing relationship with, or an educational interest in, Earlham College are considered “students.” A person also shall be regarded as a student during any period in which the student is under suspension from the institution or when the person is attending or participating in any preparatory activity before the beginning of a school term – including but not limited to:
   pre-orientation experiences, orientation, placement testing, and residence hall check-in.

[1] Or a person who is 18 or older but who is incapable of self-care because of a mental or physical disability.

1. Any Earlham’s employee who becomes aware of a student’s pregnancy or related condition is required to provide the student with the contact information for the Title IX Coordinator and the Section 504 Coordinator, and communicate that those individuals can help take specific actions to prevent discrimination and ensure equal access to the Earlham’s education program and activity. If the employee has a reasonable belief that the Title IX Coordinator of the Section 504 Coordinator is already aware of the pregnancy or related condition, the employee is not required to provide the student with this information.
2. Upon notification of a student’s pregnancy or related condition, the Title IX Coordinator will contact the student and inform the student of the Earlham’s obligations to:
   • Prohibit sex discrimination.
   • Provide reasonable modifications.
   • Allow access, on a voluntary basis, to any separate and comparable portion of the institution’s education program or activity.
   • Allow a voluntary leave of absence.
   • Ensure lactation space availability.
   • Maintain a Resolution Process for alleged discrimination.
   • Treat pregnancy as comparable to other temporary medical conditions for medical benefit, service, plan, or policy purposes.
3. The Title IX Coordinator of the Section 504 Coordinator will also notify the student of the process to file a complaint for alleged discrimination, harassment, or retaliation, as applicable.
4. Earlham does not require supporting documentation of pregnancy or related conditions unless the documentation is necessary to determine the reasonable modifications as outlined below. Earlham will not require a student who is pregnant or has related conditions to provide certification from a healthcare provider or any other person that the student is physically able to participate in the recipient’s class, program, or extracurricular activity unless:
   1. The certified level of physical ability or health is necessary for participation in the class, program, or extracurricular activity;
   2. All students participating in the class, program, or extracurricular activity are required to provide certification; and
   3. The information obtained is not used as a basis for discrimination.

1. Students who are pregnant or are experiencing related conditions are entitled to Reasonable Modifications to prevent sex discrimination and ensure equal access to the Earlham’s education program and activity. Any student seeking Reasonable Modifications must contact the Title IX Coordinator or Disability and Accessibility Services.to discuss appropriate and available Reasonable Modifications based on their individual needs. Students are encouraged to request Reasonable Modifications as promptly as possible, although retroactive modifications may be available in some circumstances. Reasonable Modifications are voluntary, and a student can accept or decline the offered Reasonable Modifications. Not all Reasonable Modifications are appropriate for all contexts.
2. Accommodations or reasonable modifications to an education program or activity include, but are not limited to, the following:
   • Breaks during class 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
   • Changes in schedule or course sequence
   • Time extensions for coursework and rescheduling of tests and examinations
   • Allowing a student to sit or stand, or carry or keep water nearby
   • Counseling
   • Changes in physical space or supplies (for example, access to a larger desk or a footrest)
   • Elevator access
   • A larger uniform or other required clothing or equipment
   • Other changes to policies, practices, or procedures determined by the Title IX Coordinator or the Section 504 Coordinator
3. In situations such as performances, labs, and group work, the institution will work with the student to devise an alternative path to completion, if possible. In progressive curricular and/or cohort-model programs, medically necessary leaves are sufficient cause to permit the student to shift course order, substitute similar courses, or join a subsequent cohort when returning from leave. Students are encouraged to work with their faculty members and the Recipient’s support systems to devise a plan for how to best address the conditions as pregnancy progresses, anticipate the need for leaves, minimize the academic impact of their absence, and get back on track as efficiently and comfortably as possible. The Title IX Coordinator will assist with plan development and implementation as needed.
4. Supporting documentation for Reasonable Modifications will only be required when it is necessary and reasonable under the circumstances to determine which Reasonable Modifications to offer to determine other specific actions to take to ensure equal access.
5. Information about pregnant students’ requests for modifications will be shared with faculty and staff only to the extent necessary to provide the Reasonable Modification.
6. Students experiencing pregnancy-related conditions that manifest as a temporary disability under the Americans with Disabilities Act (ADA) or Section 504 of the Rehabilitation Act are eligible for reasonable accommodations just like any other student with a temporary disability, as required by law.

All students should be informed of health and safety risks related to participation in academic and co-curricular activities, regardless of pregnancy status. A student may not be required to provide health care provider or other certification that the student is physically able to participate in the program or activity, unless:

1. The certified level of physical ability or health is necessary for participation;
2. The institution requires such certification of all students participating; and
3. The information obtained is not used as a basis for pregnancy-related discrimination.

Earlham provides students and employees with access to lactation spaces that are functional, appropriate, and safe. Such spaces are regularly cleaned, shielded from view, and free from the intrusion of others.

Lactation spaces are located in Carpenter Hall, Landrum Bolling Center, and Lilly Library. To access these spaces, please call Public Safety at 765-983-1400.

1. Students
   1. Students are permitted to take a voluntary Medical Leave of Absence for a reasonable time as deemed necessary by their health care provider because of pregnancy and/or the birth, adoption, or placement of a child. The leave term may be extended in the case of extenuating circumstances or medical necessity. Students who choose to take a leave of absence under this policy can elect to keep their health insurance coverage and continue residing in campus residence, subject to the payment of applicable fees.
   2. To the extent possible, Earlham will take reasonable steps to ensure that students who take a leave of absence or medical leave return to the same position of academic progress that they were in when they took leave, including access to the same or an equivalent course catalog that was in place when the leave began.
   3. Continuation of students’ scholarship, fellowship, or similar Earlham-sponsored funding during the leave term will depend on the students’ registration status and the policies of the funding program regarding registration status. Students will not be negatively impacted by or forfeit their future eligibility for their scholarship, fellowship, or similar Earlham-supported funding by exercising their rights under this policy.
   4. Disability and Accessibility Services can and will advocate for students with respect to financial aid agencies and external scholarship providers in the event that a leave of absence places eligibility into question.
   5. In order to initiate a leave of absence, the student must contact the Title IX Coordinator, Section 504 Coordinator, or Office of Student Life as soon as practicable.
2. Employees
   1. If an employee, including a student-employee, is not eligible for leave under the aforementioned leave policy because they either (1) do not have enough leave time available under that policy, or (2) have not been employed long enough to qualify for leave under that policy, they are eligible to qualify for pregnancy or related condition leave under Title IX. Pregnancy and related conditions will be regarded as a justification for a leave of absence without pay for a reasonable period of time.
   2. Employees who take leave under Title IX must be reinstated to the status held when leave began or a comparable position without a negative effect on any employment privilege or right. Please see “Family and Medical Leave Act” and “Parental Leave Policy” in the Employee Handbook.

1. Students with child caretaking/parenting responsibilities who wish to remain engaged in their coursework while adjusting their academic responsibilities because of the birth or adoption of a child or placement of a foster child may request an academic modification period during the first six months from the time the child entered the home. Extensions may be granted when additional time is required by medical necessity or extraordinary caretaking/parenting responsibilities.
2. During the modification period, the student’s academic requirements will be adjusted and deadlines postponed as appropriate, in collaboration among the Associate Academic Dean for Students, the student’s academic advisor, and the appropriate academic department(s).
3. Students seeking a period of modified academic responsibilities may consult with their academic advisor or with the Associate Academic Dean for Students to determine appropriate academic adjustment requests. The Associate Academic Dean for Students will communicate all requests under this policy to students’ academic advisors and coordinate adjustment-related efforts with the advisors unless the student specifically requests that their advisors be excluded.
4. Students are encouraged to work with their advisors and faculty members to reschedule course assignments, lab hours, examinations, or other requirements, and/or to reduce their overall course load, as appropriate, once authorization is received from the Associate Academic Dean for Students.
5. If, for any reason, caretaking/parenting students are not able to work with their advisors/faculty members to obtain appropriate modifications, students should alert the Associate Academic Dean for Students as soon as possible, and the office will help facilitate needed accommodations and modifications.
6. Students can request modified academic responsibilities under this Policy regardless of whether they elect to take a leave of absence.
7. While receiving academic modifications, students will remain registered and retain benefits accordingly.

1. A pregnant student’s campus housing status will not be altered based on pregnancy status unless requested by the student; however, students who become pregnant are eligible for exemption from on-campus housing requirements.
2. Only enrolled students are allowed to live in campus housing. Residence halls, campus apartments, and campus houses are reserved for single-student Infants or children may not reside in campus residences. It is important that the student make necessary arrangements for housing for the infant prior to delivery.

Students who believe they may have been discriminated against based on pregnancy or related conditions, including termination of pregnancy, may contact the Office of Title IX or the Disability and Accessibility Services.

Office of Title IX

General Contact for the Office of Title IX
Visit https://earlham.edu/title-ix-information
Email [email protected]

Title IX Coordinator
Beth M. Birky, Ph.D.
Director of Title IX and Equal Opportunity
Human Resources #301
Phone: 765-983-1346
Email: [email protected] 

Deputy Title IX Coordinator for Athletics
Cathryn Dickman, MPH
Athletics and Wellness Center, # 2105
Phone: 765-983-1889
Email: [email protected]

Disability and Accessibility Services

Section 504 Coordinator
Jennifer James
Director of Disability and Access Services
Phone: 765-983-1390
Email: [email protected]

External Contacts

Concerns about the Earlham’s application of this Policy and compliance with certain federal civil rights laws may also be addressed to:

Office for Civil Rights (OCR)
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202-1100
Customer Service Hotline #: 800-421-3481
Fax: 202-453-6012
TDD#: 877-521-2172
Email: [email protected]
Web: http://www.ed.gov/ocr

Office for Civil Rights (OCR)-Chicago Office
U.S. Department of Education
John C. Kluczynski Building
230 S. Dearborn Street, 37th Floor
Chicago, IL 60604
Telephone: 312-730-1560
Fax: 312-730-1576
TDD#:  800-877-8339
Email: [email protected]

For complaints involving employee-on-employee conduct: Equal Employment Opportunity Commission (EEOC). Visit https://www.eeoc.gov/contact-eeoc.

August 1, 2024 – Approved by the President. Compliant with the Equal Employment Opportunity Commission’s 2024 Final Rule on Pregnant Workers Fairness Act (29 CFR 1636) and the Department of Education’s Final Rules on Title IX (34 CFR 106). Revision of this policy is based on the ATIXA Pregnancy and Related Conditions Model Policy.