The National Women's Law Center filed the complaint for Crosby under a 2008 amendment to the Americans with Disabilities Act. That law expanded the definition of disability to cover more pregnancy-related impairments, and the EEOC issued regulations codifying the act in March 2011.
The City University of New York has agreed to settle a pregnancy-discrimination complaint filed on behalf of a woman who was forced to drop a course after its professor told her she would not be allowed to make up tests or assignments resulting from any pregnancy-related absences, including labor and delivery, the National Women’s Law Center announced on Wednesday.
The National Women's Law Center (NWLC) filed the complaint on behalf of Stephanie Stewart. According to the center, Stewart was told that she would not be able to make up tests or assignments missed as a result of her pregnancy; CUNY administrators suggested that Stewart should instead drop the class, since her due date was before the end of the semester.
Stewart was also being discriminated against. Title IX prohibits schools from disciplining pregnant students for medically related absences. When she appealed to the deans at BMCC, they told her to drop the class instead of intervening on her behalf. “At that given moment, I didn’t know such a thing [Title IX] existed. I was extremely angry, and in my gut, I knew it was wrong.
“While an improvement over current policy, today’s announcement is still disappointing,” said Marcia D. Greenberger of the National Women’s Law Center. “Because all women will be required to show an ID to establish their age, those without IDs could be denied access.”
“This triggers their intention to file an appeal even if they haven’t yet,” said National Women’s Law Center Vice President Judy Waxman. “This decision doesn’t comply with the judge’s ruling.”
