34 CFR 106.40 - Marital or parental status

Cite as34 CFR 106.40
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17 practice notes
  • Equal Participation of Faith-Based Organizations in the Federal Agencies' Programs and Activities
    • United States
    • Agency For International Development,Education Department,Justice Department,Labor Department
    • Invalid date
    ...or religious belief.\85\ --------------------------------------------------------------------------- \84\ See, e.g., 34 CFR 106.21(c); 34 CFR 106.40; 34 CFR 106.51; 34 CFR \85\ 2 CFR 3474.15(f); 34 CFR 75.52(e); 34 CFR 76.52(e). --------------------------------------------------------------......
  • Implementation of the Nondiscrimination and Equal Opportunity Provisions of the Workforce Innovation and Opportunity Act
    • United States
    • Federal Register January 26, 2016
    • January 26, 2016
    ...at 45 FR 24128 included pregnancy as a protected basis. HEW's regulations were adopted by the Department of Education in 1980. 34 CFR 106.40. \148\ 34 CFR \149\ 65 FR 52858 at 52859. --------------------------------------------------------------------------- When Congress amended Title VII ......
  • Pfeiffer by Pfeiffer v. Marion Center Area School Dist., Bd. of School Directors for Marion Center Area School Dist., No. 90-3064
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • December 20, 1990
    ...against gender discrimination to discrimination on the basis of pregnancy, parental status, and marital status. Pursuant to 34 C.F.R. Sec. 106.40 A recipient shall not apply any rule concerning a student's actual or potential parental, family, or marital status which treats students differe......
  • Conley v. Nw. Fla. State Coll., Case No. 3:14–cv–00628–MCR–EMT
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Northern District of Florida
    • November 12, 2015
    ...basis of sex” is broad enough to encompass pregnancy-based discrimination. She relies in part on a Department of Education Regulation 34 C.F.R. § 106.40 that construes § 1681's prohibition of discrimination “on the basis of sex” to include pregnancy-based discrimination. The Court agrees wi......
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11 cases
  • Pfeiffer by Pfeiffer v. Marion Center Area School Dist., Bd. of School Directors for Marion Center Area School Dist., No. 90-3064
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • December 20, 1990
    ...against gender discrimination to discrimination on the basis of pregnancy, parental status, and marital status. Pursuant to 34 C.F.R. Sec. 106.40 A recipient shall not apply any rule concerning a student's actual or potential parental, family, or marital status which treats students differe......
  • Conley v. Nw. Fla. State Coll., Case No. 3:14–cv–00628–MCR–EMT
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Northern District of Florida
    • November 12, 2015
    ...basis of sex” is broad enough to encompass pregnancy-based discrimination. She relies in part on a Department of Education Regulation 34 C.F.R. § 106.40 that construes § 1681's prohibition of discrimination “on the basis of sex” to include pregnancy-based discrimination. The Court agrees wi......
  • Henschke v. New York Hospital-Cornell Medical Ctr., No. 92 Civ. 8260 (LAP).
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • April 30, 1993
    ...asserts one claim under Title IX and a separate claim under the regulations 821 F. Supp. 173 promulgated pursuant to Title IX, see 34 C.F.R. § 106.40 et seq. (the "Regulations"). Cornell argues that the claim under the Regulations should be dismissed as redundant. Plaintiff rejects this arg......
  • Darian v. University of Massachusetts Boston, Civ. Action No. 96-10745-NG.
    • United States
    • United States District Courts. 1st Circuit. United States District Courts. 1st Circuit. District of Massachusetts
    • September 16, 1997
    ...from its education program or activity including any class or extracurricular activity on the basis of such student's pregnancy ..." 34 C.F.R. 106.40(b)(1). To prove a violation of Title IX, a plaintiff must establish a prima facie case by showing a preponderance of the evidence that: (1) s......
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1 firm's commentaries
  • Title IX Update: Important New ED Guidance Concerning Pregnancy
    • United States
    • Mondaq United States
    • October 27, 2022
    ...the Dobbs decision may have on students and college campuses. Title IX's regulations address pregnancy discrimination for students at 34 CFR §106.40(b) and for employees at 34 CFR §106.57. The Guidance highlights the following main points for schools, students, and employees based on those ......

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