Some background
Title IX of the Education Amendments of 1972 ("Title IX") prohibits discrimination on the basis of sex, including discrimination on the basis of past, potential, or current pregnancy, childbirth, termination of pregnancy (abortion, miscarriage, or stillbirth), lactation, recovery, and all related medical conditions.
Title IX also prohibits policies, practices, and procedures relating to students’ past, current, or potential parental, family, or marital status that treat students differently on the basis of sex.
In accordance with federal and state law and University policy, UC Berkeley will make reasonable modifications to policies, practices, or procedures as necessary to prevent sex discrimination and ensure people who are pregnant or have related medical conditions have equal access to education programs or activities. Reasonable modifications will be based on the student's individualized needs in consultation with the student.
About Reasonable Modifications
Examples of reasonable modifications include, but are not limited to:
- 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;
- Extensions of time for coursework and rescheduling of tests/exams;
- Allowing a student 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;
- Adjustments to class sessions, exams, tests, project deadlines, field trips, and any other required activities;
- The opportunity to make up work missed;
- Extension of normative time for academic milestones
A student has the option to accept or decline any reasonable modification offered.
A modification that the University demonstrates would fundamentally alter an educational program or activity is NOT a reasonable modification.
Other types of support
- Separate and comparable programs and services: Students may choose to voluntarily access any separate and comparable portion of the University’s education program or services, for example, attending online virtual or asynchronous participation in course that has in-person instruction. The student may decline this type of support.
- Leave of absence: Students may also take a voluntary leave of absence (LOA) to cover, at a minimum, the period of time deemed medically necessary by student’s licensed healthcare provider.
- Lacation spaces: Students can access clean, private lactation spaces. University Health Services provides information about breastfeeding supports on campus, including a map and list of available lactation spaces on campus.
Requesting support
To request reasonable modifications due to pregnancy and related-conditions, please first contact the Office for the Prevention of Harassment and Discrimination by emailing [email protected] or calling 510-643-7985. The office will discuss your request, help coordinate appropriate and reasonable modifications, and connect you with resources as needed.
Resources for students
Please visit the Academic Accommodations Hub for more information:
-
If a student has a need for academic modifications, they can be made with the course instructor. The Office for the Prevention of Harassment and Discrimination (OPHD) can be a resource for you in understanding your rights and options and support you in making a plan for continuing your education.
-
Resources are also available at the Student Parent Center
-
Schools must treat pregnancy, childbirth, false pregnancy, termination of pregnancy, and recovery therefrom the same as any other temporary disability with respect to any hospital or medical benefit, service, plan, or policy for students. Students may also contact the Disabled Students' Program for assistance with accommodations due to pregnancy or related conditions.
-
For graduate and professional students, the Graduate Division provides information on support available for parents and caregivers
Resources for employees
-
The Be Well at Work Faculty/Staff Work/Life website hosts information about caregiver support resources, as well as information on family-friendly benefits and policies; childcare; caregiving for elders; parenting resources, and more.
-
For non-academic employees, People & Culture provides information about the Family & Medical Leave Act, Pregnancy Disability Leave, the California Pregnancy Disability Leave Act (PDL), Supplemental Family and Medical Leave
-
The UCNet website provides information about what to do if you are having a baby under Compensation and Benefits, as well as information about the Dependent Care Flexible Spending Account
-
The Office for Faculty Equity and Welfare provides information for Senate Faculty about family-responsive policies, dependent care resources, partner and spouse employment, health and wellness programs, and back-up childcare.
For Senate Faculty, many supports (leaves, duty modifications, and resources) are available to people who are new or expectant parents, parenting or caregiving. You can find information about leaves and duty modifications on the Academic Personnel Office website, including Childbearing and Parental/Family Bonding Leave for Senate Faculty. You can consult with the Associate Vice Provost for the Faculty about these supports.
Reporting discrimination or harassment
Anyone may file a complaint of discrimination on the basis of pregnancy or related conditions. To do so, please contact the Office for the Prevention of Harassment and Discrimination (OPHD) in any of the following ways:
-
Submit a report using the online webform
-
Email [email protected]
-
Call 510-643-7985
If you encounter difficulties with your request accommodations due to pregnancy or pregnancy-related conditions, the Office for the Prevention of Harassment and Discrimination can offer support and assistance. Please reach out to discuss your modification request.