INTERVENING FOR TITLE IX PROTECTIONS FOR PREGNANT AND POSTPARTUM STUDENTS
We filed a motion to intervene in the government’s place to fight for the Title IX regulations that protect pregnant and postpartum students from discrimination. Together with our partners Public Justice, Pillersdorf Law Offices, and A Better Balance, we are seeking to intervene and appeal a federal district court’s decision to strike down the entirety of a Title IX rule when only certain portions were challenged.
The unchallenged portions, which the court also eliminated, included protections like lactation breaks, access to private spaces for pumping, and other reasonable modifications. The regulations also required schools to give pregnant students information about their Title IX rights and the school’s Title IX Coordinator to help students receive the support they deserve.
Even though the state plaintiffs only challenged other parts of the rule, U.S. District Court for the Eastern District of Kentucky vacated the full rule, including the unchallenged pregnancy protections. The Trump administration indicated it is unlikely to appeal the decision.
“This is one of many cases that we are seeing around the nation where it has become necessary to intervene because the government is not doing its job. We hope to vindicate these important protections for pregnant and postpartum students on appeal. There is no legal basis for getting rid of them.”
Partner Organizations: Public Justice, A Better Balance, and Pillersdorf Law Offices
Important Documents:
Motion to Intervene – Tennessee v. McMahon
Media Coverage: NBC News: Pregnant and parenting students fall victim to lawsuit | A Better Balance News Release | Public Justice Coverage