Biden’s OCR Warns Schools to Not Discriminate Against Students and Employees Seeking Abortions

The U.S. Department of Education’s Office for Civil Rights recently released a small guidance document with a big warning message to schools, colleges, and universities: Title IX requires educational institutions to protect their students and employees from discrimination on the basis of pregnancy, including pregnancy termination and recovery therefrom. That means schools cannot treat students or employees differently because they obtained an abortion. Schools must also treat abortion like any other temporary disability for hospital and medical benefits, services, plans, and policies. And, under Title IX, schools must provide leave to individuals for termination of pregnancy or recovery therefrom for as long as the student or employee’s physician says it is medically necessary. The guidance, issued on the 100th day after the U.S. Supreme Court overturned Roe v. Wade, does not provide new law. But it is a clear warning to schools that specific actions concerning students and employees seeking or who have received abortions could lead to administrative enforcement from OCR.