Pregnancy, Pregnancy, Parenthood, and Parenthood, and MarriageMarriagePages P183-185

By Gerald Card

Title and CitationTitle and CitationTitle IX of the Education Amendments of 1972

Addresses prohibiting gender discrimination of any educational program receiving federal funds

FactsFactsMarital or Parental status◦Cannot apply any rule concerning a student’s actual or potential parental, family, or marital status which treats students differently on the basis of sex

◦Cannot discriminate against any student or exclude from an education program or activity, class or extracurricular activity on the basis of pregnancy, childbirth, false pregnancy, termination of pregnancy or recovery from unless requested voluntarily

Marital or Parental Marital or Parental statusstatus◦A certificate from a doctor can be requested for a student to continue as long as any other student with other physical or emotional conditions are required a doctor’s certificate.

◦Any student requesting in a separate program or activity shall be ensured that it is comparable to that offered to non pregnant students

Marital or Parental Marital or Parental statusstatus◦Pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery shall be treated the same as any other temporary disability in regards to any medical/hospital plan, service, plan or policy offered to any other student

◦If a school does not have a leave program a leave plan will be instituted as deemed medically necessary with reinstatement to the status held before leave began

Legal DoctrineLegal DoctrinePfeiffer v. Marion Center Area School District,◦917F.2d 779 (3rd Cir. 1990)• Premarital sex could be reasons for dismissal from National Honor Society-Must apply to both sexes

Legal DoctrineLegal DoctrineChipman v. Grant County School District◦30F. Supp. 2d 975 (KY.1998)◦Compelled a school to admit 2 unmarried mothers into the National Honor Society

◦Pregnancy Discrimination Act Disparate impact-policy caused an adverse effect on women who have become visibly pregnant

Disparate treatment-member of a protected class who has been treated differently