Title IX and Pregnancy or Related Conditions

Title IX is a Federal civil rights law that prohibits discrimination on the basis of sex in education programs or activities at institutions receiving federal funding like Cal State Fullerton. Under Title IX, institutions cannot discriminate against any student based on the student’s “current, potential, or past pregnancy or related conditions.” Pregnancy is a Protected Status.

Pregnancy or related conditions means:

  1. Pregnancy, childbirth, termination of pregnancy, or lactation;
  2. Medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or
  3. Recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions.

Additional examples of medical conditions related to pregnancy: pregnancy-related illness (i.e., excessive morning sickness, fatigue, nausea, prenatal depression, etc.), miscarriage, IVF treatments, lactation related conditions (i.e., mastitis), and treatment for postnatal depression (also called postpartum depression).​

Termination of pregnancy includes miscarriage, abortion, medical abortion, and stillbirth.  Per California state law, medical abortions are provided at our campus health center.

Responsibilities for All Employees

When any student, or a person who has a legal right to act on behalf of the student, discloses their pregnancy or a related condition to any employee, the employee must do the following:​

  1. Promptly provide the Title IX Coordinator’s contact information​
  2. Let them know the Title IX Coordinator can coordinate specific actions to prevent sex discrimination and ensure the student’s equal access to Cal State Fullerton’s programs and activities.  In other words, let them know that their pregnancy or related condition should not be a barrier to them continuing to participate fully in all education programs and activities of our campus.​

Employees are not required to, and should not, report the student's pregnancy or related condition to the Title IX Coordinator.​

If a student or employee discloses that they are actively experiencing or already have faced discrimination or harassment because of their pregnancy, the employee should fulfill their duty to report under the Interim CSU Nondiscrimination PolicyOpens in new window and submit a Responsible Employee ReportOpens in new window or call the Title IX and Gender Equity department at 657-278-2121 to inform the Title IX Coordinator.

Reasonable Modifications

Pregnant students are entitled to reasonable modifications for continued access to their education program or activity, which are based on the student’s individualized needs. These modifications may include, but are not limited to:

  1. Breaks during class to express breastmilk, use the restroom, or attend to other pregnancy or related needs;
  2. Rescheduling of tests or examinations;
  3. Changes in physical space or access to an elevator;
  4. Excusal for pregnancy-related absences; and​
  5. To return to their academic program in the same status that they left.​

Pregnant students are also entitled to voluntary leaves of absence.​

Reasonable modifications do not always require medical documentation.​

Reasonable modifications for our campus will be facilitated by Title IX and Gender Equity.

Lactation Program for Students, Employees and Third Parties

CSUF is committed to providing faculty, staff, students, visitors and job applicants with a private, secure, convenient and sanitary space to use for lactation. They are “Rejuvenation Spaces” and they are shielded from intrusion from others. The Rejuvenation Spaces contain a comfortable sofa or chair, access to electricity, and a table near or attached to a chair that will support a lactation pump. The space provides access to a sink and refrigerator in close proximity to the employee’s workspace. If there is no refrigeration in close proximity to the workspace, employees should notify Title IX and Gender Equity to locate refrigeration. If not, the University may provide another cooling device suitable for storing milk, such as an employer-provided cooler. However, individuals expressing milk are expected to make their own arrangements for providing sealed containers for proper storage.

Where there is an instance of other employers or general contractors coordinating a multiemployer worksite, within 2 business days, upon written request of any subcontractor employer with an employee that requests an accommodation, we shall provide the employee with access to a Rejuvenation Space.

Nursing Employees

Employers must provide a “reasonable break time” for employees to express milk for up to one year after childbirth. The frequency and duration of the breaks will vary depending on a number of factors. The time necessary to express milk includes, among other things, the time walking to and from the Space, retrieving of and setting up a pump or other supplies, washing and cleaning the pump or other supplies and storing milk.
Supervisors and managers are reminded to take necessary steps (e.g., revising staff break schedules) to ensure that normal business operations are not unreasonably disrupted as a result of providing breaks for employees to express milk.

Employees who plan to express milk while at work, prior to their return from parental leave, need to first contact their Human Resources (HRDI or HR) or Benefits department to discuss guidelines for expressing milk during working hours. After HR has been contacted, the employee should contact Title IX and Gender Equity at (657) 278-2121 for information on scheduling a Space. Employees are responsible for notifying their direct supervisor/manager if they use any additional time beyond their usual break or meal times.

  • CSUF state employees: For more details on lactation break time for working employees, please contact Total Wellness in the Human Resources department at DL-TotalWellness@fullerton.eduOpens in new window .
  • ASC & ASI employees: For more details on lactation break time for working employees, please contact your Human Resources department.

Scheduling a Rejuvenation/Lactation Space

  1. The Space can be scheduled for a maximum of 30 minutes at a time unless prior accommodations are made with one of the representatives shown above.
  2. To accommodate all requests, please adhere to your allotted time scheduled. If additional time is needed, please contact your representative.
  3. Should you no longer have a need for the Space before your designated end date or should you need an extension, please notify your representative.
  4. Employees wishing to express milk during work hours should contact their HRDI, HR or Benefits department for details. After HR has been contacted, the employee should contact Title IX and Gender Equity at (657) 278-2121 for information on scheduling a Space. Employees are responsible for notifying their direct supervisor/manager if they use any additional time beyond their usual break or meal times. CSUF state employees, for more details on lactation break time for working employees, please contact Total Wellness in the Human Resources department at DL-TotalWellness@fullerton.eduOpens in new window .
  5. You must also complete and submit a Rejuvenation Space Request Form and Use agreement at the time of your request.

Click here for the Rejuvenation (Lactation) Space Request and Agreement FormOpens in new window (CSUF login required).

Rejuvenation/Lactation Space Locations

The University currently has designated five Rejuvenation/Lactation Spaces on campus. The building locations are listed below. Also please see the chart and specific information regarding each Space below.

  • College Park (CP-770-08): Gender inclusive and wheelchair accessible
  • Facilities Management (FM-C-256C): Gender inclusive and wheelchair accessible - on the Campus Map, this space is known as Corporation Yard or the “T” buildings or T-2500
  • Langsdorf Hall (LH-553): Gender inclusive and wheelchair accessible
  • McCarthy Hall (MH-383B): Must enter through women's restroom, wheelchair accessible
  • Pollak Library (PLN-327): Gender inclusive and wheelchair accessible

Click here for a campus map showing the location of Rejuvenation SpacesPDF File Opens in new window .

Space Use and Cleaning

  1. If the Space is occupied during your scheduled time, please contact your representative. Should your representative be unavailable, please contact any of the other representatives listed above.
  2. If you find the Space is not clean prior to use, please notify your representative immediately for another Space. You may also contact Facilities Work Control Center at (657) 278-3494 for cleaning.
  3. No other individuals are permitted in the Space at any time, unless prior approval is given by your representative.
  4. Please remove your trash from the Space.
  5. Please ensure the door closes to secure the Space before and after each use.
  6. Please do not share the lock box code with others.
  7. The University is not responsible for lost or stolen items left in the Space.
  8. To conserve energy, please turn off the lights after each use.

Representatives for Scheduling

  Lactation Requests Americans with Disabilities/Disability Accommodation Requests
All students Hilda Pelaez or Cherie Mathews
(657) 278-2121
Title IX and Gender Equity – CP 205		 Ana Quiroz or Lori Palmerton
Gordon Hall 106 (657) 278-3112
CSUF state employees and job applicants Hilda Pelaez or Cherie Mathews
(657) 278-2121
Title IX and Gender Equity – CP 205		 Contact your search committee chair or recruiter. If unavailable, contact Griselda Marquez (657) 278‐5187 or Kelynn Mullally (657) 278-5333, College Park 700.
ASC employees and job applicants Hilda Pelaez or Cherie Mathews
(657) 278-2121
Title IX and Gender Equity – CP 205		 Bertha Leon (657) 278-4120 or
Rosario Borromeo (657) 278-4116
Titan Hall 135 & 136
ASI employees and job applicants Hilda Pelaez or Cherie Mathews
(657) 278-2121
Title IX and Gender Equity – CP 205		 Yvonne Castillo (657) 278‐2384 or
Sharon Johnson (657) 278-7060
Titan Student Union 227
Campus visitors Contact the event coordinator.  If unavailalbe, contact Hilda Pelaez or Cherie Mathews, (657) 278-2121, Title IX and Gender Equity – CP 205. Contact the event coordinator.

 

Complaints

Title IX is a federal law that prohibits sex-based discrimination in federally funded educational programs or activities. The Interim CSU Policy Prohibiting Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, and RetaliationOpens in new window prohibitis discrimination against employees, students and third parties.

Students, employees, visitors and job applicants who want to file a complaint alleging discrimination or harassment based on sex, gender or sexual orientation, which includes sexual harassment, sexual assault/sexual misconduct, sexual exploitation, dating/domestic violence, stalking, and related retaliation, may contact the Title IX and Gender Equity Office at (657) 278-2121 or complete this online reporting formOpens in new window ; or they may contact the Labor Commissioner’s field enforcement unit at https://www.dir.ca.gov/dlse/dlse-bofe.htmlOpens in new window . 

For Employees: Parental and Pregnancy Disability Leaves

Employees with questions about parental and pregnancy disability leaves should go to https://hr.fullerton.edu/total-wellness/leaves/parental-leave/Opens in new window for more information.