Pregnancy and Parenting Support

UNM is committed to providing an environment where students and employees are supported during pregnancy, childbirth, recovery, lactation, and parenting.

Federal and state laws and University policies provide protections against discrimination and may provide a right to reasonable accommodations, leave, or other support. The protections available depend on whether you are a student or employee and your individual circumstances.

CEEO can help you understand your rights, identify available support, and connect you with the appropriate University resources.

* Please note an accommodation request related to pregnancy or lactation, and related conditions, shall not be denied without first consulting with CEEO.

Pregnancy and Related Conditions

Students and employees have protections against discrimination based on pregnancy, childbirth, termination of pregnancy, and related medical conditions.

Depending on your circumstances, you may be entitled to reasonable adjustments or accommodations related to pregnancy, childbirth, recovery, lactation, or a related medical condition.

Examples may include:

Additional or more frequent restroom, food, or water breaks;
Modifications to a workplace, classroom, or physical activity;
Time away for prenatal or other pregnancy-related medical appointments;
Temporary modifications based on pregnancy-related limitations;
Lactation breaks and access to an appropriate lactation space; or
Leave or excused absences when required by applicable law or University policy.

The specific protections that apply may differ for students and employees.

Students

Title IX protects students from discrimination based on pregnancy and related conditions and provides specific protections for students experiencing pregnancy, childbirth, termination of pregnancy, or recovery.

Students may be entitled to reasonable adjustments necessary because of pregnancy or related conditions. Title IX also provides protections concerning pregnancy-related leave and return to the student's educational program.

Students who need pregnancy-related support or believe pregnancy is addressing their ability to participate in an academic program or University activity are encouraged to contact CEEO.

Employees

Employees and applicants are protected from pregnancy discrimination and may have rights to reasonable accommodations for pregnancy, childbirth, or related medical conditions.

Depending on the circumstances, protections may arise under laws including:

The Pregnant Workers Fairness Act (PWFA);
Title VII of the Civil Rights Act (Title VII) and the Pregnancy Discrimination Act (PDA);
Title IX;
The Americans with Disabilities Act (ADA);
The Family and Medical Leave Act (FMLA);
The New Mexico Human Rights Act (NMHRA) and other applicable New Mexico law; and
University policies and employee benefits.

CEEO can assist employees with pregnancy-related workplace accommodations and concerns about discrimination. Some types of leave and employee benefits are administered by other University offices. CEEO can help identify the appropriate resource when needed.

Lactation

Students and employees have protections related to lactation, and expressing breastmilk and chestmilk.

Nursing individuals should be provided with reasonable break time to express breast/chest milk or nurse as needed. UNM has designated lactation stations on Main and North Campus, including the UNM School of Law and UNM Hospital to better accommodate our community.

The UNM's Women's Resource Center offers the Chest/Breastfeeding Support Program, which is free of charge for all UNM students, staff, faculty, and their partners/spouses. The program includes lactation rooms on campus, some equipped with hospital-grade pumps. It also provides links to lactation resources and facilitates communication between current, past, and future chest/breastfeeding parents on campus. 

For more information, or to register for the Chest/Breastfeeding Support Program, visit the WRC website or email women@unm.edu.

Parenting and Parental Status

Title IX protects students and employees from sex discrimination related to pregnancy and parental, family, or marital status. These protections can apply to both birthing and non-birthing parents, although the protections are not always the same.

Under Title IX, the University may not apply a rule concerning a student's parental, family, or marital status in a way that treats students differently based on sex.

This means, for example, the University may not:

Provide a parental benefit or flexibility to mothers but deny the same benefit to similarly situated fathers;
Assume that one parent is the primary caregiver based on sex;
Apply different academic requirements to students based on sex because they're parents; or
Rely on sex-based stereotypes about parenting or caregiving responsibilities.

These protections can apply to non-birthing parents as well as birthing parents.

Protections for Non-Birthing Parents

Some protections related to pregnancy and childbirth are specific to the individual who is pregnant, gives birth, or experiences a related medical condition. Those protections do not automatically extend to another parent.

Non-birthing parents may nevertheless have important protections and benefits. Depending on the circumstances, these may include protections against sex discrimination under Title IX or Title VII, family or bonding leave under the FMLA, and leave or benefits available under University policy.

CEEO can help you understand which protections may apply.

Not Sure Where to Start?

You do not need to know which law or University policy applies before contacting us.

If you are pregnant, experiencing a pregnancy-related medical condition, need lactation support, have questions about your rights as a parent, or believe you have experienced discrimination, contact CEEO for assistance.

We can help identify your options and discuss next steps.

You can also begin the conversation with their faculty or supervisor to engage in the interactive process. If you are unable to come to an agreement, contact CEEO for assistance.

Use the Pregnancy/Lactation Adjustment Agreement as a guide in coming up with a reasonable adjustment.

Additional Resources:

Pregnancy Manual
Pregnancy at UNM
General Pregnancy Information
Student Pregnancy Pamphlet