[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR106.57]



[Page 424]

 

                           TITLE 34--EDUCATION

 

       CHAPTER I--OFFICE FOR CIVIL RIGHTS, DEPARTMENT OF EDUCATION

 

PART 106_NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR 

ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of Contents

 

Subpart E_Discrimination on the Basis of Sex in Employment in Education 

                    Programs or Activities Prohibited

 

Sec.  106.57  Marital or parental status.



    (a) General. A recipient shall not apply any policy or take any 

employment action:

    (1) Concerning the potential marital, parental, or family status of 

an employee or applicant for employment which treats persons differently 

on the basis of sex; or

    (2) Which is based upon whether an employee or applicant for 

employment is the head of household or principal wage earner in such 

employee's or applicant's family unit.

    (b) Pregnancy. A recipient shall not discriminate against or exclude 

from employment any employee or applicant for employment on the basis of 

pregnancy, childbirth, false pregnancy, termination of pregnancy, or 

recovery therefrom.

    (c) Pregnancy as a temporary disability. A recipient shall treat 

pregnancy, childbirth, false pregnancy, termination of pregnancy, and 

recovery therefrom and any temporary disability resulting therefrom as 

any other temporary disability for all job related purposes, including 

commencement, duration and extensions of leave, payment of disability 

income, accrual of seniority and any other benefit or service, and 

reinstatement, and under any fringe benefit offered to employees by 

virtue of employment.

    (d) Pregnancy leave. In the case of a recipient which does not 

maintain a leave policy for its employees, or in the case of an employee 

with insufficient leave or accrued employment time to qualify for leave 

under such a policy, a recipient shall treat pregnancy, childbirth, 

false pregnancy, termination of pregnancy and recovery therefrom as a 

justification for a leave of absence without pay for a reasonable period 

of time, at the conclusion of which the employee shall be reinstated to 

the status which she held when the leave began or to a comparable 

position, without decrease in rate of compensation or loss of 

promotional opportunities, or any other right or privilege of 

employment.



(Authority: Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 

374; 20 U.S.C. 1681, 1682)