Anti-discrimination (Title IX)

Title IX

Title IX of the Education Amendments of 1972, 20 U.S.C. §1681 ETA seq. is a federal civil rights law that prohibits discrimination on the basis of sex, including pregnancy and parental status, in educational programs and activities.

Fair Labor Standards Act

The Fair Labor Standards Act requires employers to provide reasonable break time for an employee to express breast milk for her nursing child for one year after the child's birth. Employers are also required to provide a place, other than a bathroom, that is shielded from view and free from intrusion from co-workers and the public, which may be used by an employee to express breast milk. See "Fact Sheet #73: Break Time for Nursing Mothers under the FLSA" (pdf).

UAA Commitment

UAA and the State of Alaska support the rights of mothers in our educational and work environment, and therefore provides flexibility to allow nursing mothers to express breast milk.

Accommodations for Disability

Americans with Disabilities Act       

The Americans with Disabilities Act (ADA) does not recognize pregnancy as a disability; however, complications related to pregnancy or child birth are recognized as a disability, and qualified students who experience a pregnancy related disability may be eligible to receive an ADA reasonable accommodation. If you have questions about whether you are a qualified student or eligible to receive an ADA reasonable accommodation, please contact Disability Support Services (DSS). A student who requests an academic accommodation through DSS will be required to provide medical documentation to support that their request is medically necessary.

Title IX Accommodations for Students   

Under Title IX, pregnant students and employees may request accommodations, such as additional time to finish their course work if they give birth during the semester, bathroom breaks during class, a larger desk, etc. These requests should be made via the UAA Pregnancy Accommodation Request Form. Pregnant students will not be expected to provide medical documentation when they request a Title IX accommodation. The Department of Education produced a pamphlet that explains pregnant students' rights, which include access to the university's educational programs. Download the pamphlet "Supporting the Academic Success of Pregnant and Parenting Students" (pdf).

Pregnant students must not be deterred from participation

It is not acceptable for pregnant students to be deterred from taking a specific course or program because they are pregnant. Students should be informed about the amount of time and effort that is to be expected or course related hazards that may exist, but it's unacceptable for faculty or staff to prohibit or deter pregnant students from participating in any university related courses, programs, or activities.

Title IX and milk expression during classes

Since employees are expected to be at work for 8 hours a day, it is not reasonable to expect them not to express milk during their scheduled work hours. However, because of the nature of class schedules, with classes generally lasting only an hour or two, students will not likely be granted an accommodation to express milk during class time. There is an exception if a medical condition requires a mother to express milk at a given time every day. This instance may fall under a complication related disability and the student should contact Disability Support Services (DSS) to request an ADA reasonable accommodation.

UAA and State Policy

UAA policy for employees expressing milk

There is an official Lactation Accommodation Policy in the Administrative Services Manual maintained by the Human Resources Department. Contact  the UAA Human Resources Department to learn more.

UAA policy for students expressing milk

There is no policy about students expressing milk. We encourage students to request the flexibility they need to pump and make use of the lactation spaces available on campus.

Alaska Law: Breastfeeding in Public

Alaska Statute 29.25.080 Breastfeeding (1998) declares that “a municipality may not enact an ordinance that prohibits or restricts a woman breast-feeding a child in a public or private location where the woman and child are otherwise authorized to be. In a municipal ordinance, “lewd conduct,” “lewd touching,” “immoral conduct,” “indecent conduct,” and similar terms do not include the act of a woman breast-feeding a child in a public or private location where the woman and child are otherwise authorized to be. Nothing in this section may be construed to authorize an act that is an offense under a municipal ordinance that establishes an offense with elements substantially equivalent to the elements of an offense under AS 11.61.123. This section is applicable to home rule and general law municipalities.”

UA Commitment

The University of Alaska is committed to providing an accessible and inclusive campus environment for our students, employees and the public. To ensure equal access for pregnant individuals, the university provides reasonable accommodations and adjustments related to pregnancy and childbirth. Specific accommodations are handled on a case-by-case basis and depend on medical need and individual requirements. Examples of reasonable pregnancy accommodations include but are not limited to the following:

• Excusing absences from class missed due to pregnancy-related medical conditions and appointments
• Allowing students to make-up class work and participation points missed due to pregnancy-related medical conditions and appointments
• Allowing frequent trips to the restroom, as needed
• Flexibility in the administration of exams
• Permitting leave from work for pregnancy-related medical conditions and appointments
• Adjustments to reduce potential exposure to harmful chemicals
• Providing access to accessible parking
• Modifying lifting/standing requirements, restrictions or limits

Accommodation Requests

If you receive a request for accommodation on in your role at the university or want to make a request yourself, please contact:

Karen Haddock 
Assistant Director, Disability Support Services 
(907) 786-4536 
kehaddock@alaska.edu

University policy and federal and state law prohibit discrimination on the basis of sex and pregnancy in the university’s programs and activities. If you have any questions, concerns or complaints of discrimination on the basis of sex, including pregnancy, contact Sara Childress at the UAA Office of Equity and Compliance at (907) 786-6086 or sgchildress@alaska.edu.