5012 Procedure – Parental, Family or Marital Status and Pregnancy or Related Conditions of Staff

The superintendent establishes this procedure to ensure the protection and equal treatment of pregnant persons, individuals with pregnancy-related conditions and parents. This policy and its pregnancy-related protections apply to all pregnant employees and applicants, regardless of gender identity or expression.

A. Definitions

For the purpose of this procedure and policy 5012, the following additional definitions apply:

• Family status refers to the configuration of one’s family or one’s role in a family.
• Marital status refers to the state of being married, single or divorced.
• Parental status refers to the status of a person who, with respect to another person who is under the age of 18 (or a person who is 18 or older but who is incapable of self-care because of a mental or physical disability); is a biological, adoptive, foster or stepparent; a legal custodian or guardian; in loco parentis with respect to such a person; or actively seeking legal custody, guardianship, visitation or adoption of such a person.

B. Pre-employment inquiries

The district will not make any pre-employment inquiry as to the marital status of an applicant for employment, including whether such applicant is “Miss or Mrs.” The district may ask applicants to self-identify their sex, but only if this question is used for all applicants and if the response is not used as a basis for prohibited discrimination.

C. Voluntary leaves of absence and intermittent absences

The district must allow leaves of absence for pregnancy and pregnancy-related conditions. Information on employment leave can be found in Policy 5404 – Family, Maternity and Military Caregiver Leave.

In the case of an employee who (1) does not have enough leave time available or (2) has not accrued enough employment time to qualify for leave, the district must treat pregnancy or related conditions as a justification for a voluntary leave of absence without pay for a reasonable period. At the conclusion of the leave period, the employee shall be reinstated to the status held when the leave began or to a comparable position without a
decrease in the rate of compensation, loss of promotional opportunities, or any other right or privilege of employment.

D. Lactation space

The district must ensure that an employee can access a lactation space, which must be a space other than a bathroom, which is clean, shielded from view, free from intrusion from others, and may be used by an employee for expressing breast milk or breastfeeding as needed.

E. Grievance Procedure

The district has adopted procedure 5010P to set forth the process for receiving, investigating and resolving reports or complaints of sex-based discrimination, including pregnancy discrimination and harassment based on a person’s actual or perceived pregnancy status and retaliation. Such complaints are to be taken seriously and handled in the same manner as other sex-based discrimination and harassment complaints. Procedure 5010P is designed to provide for a prompt, thorough and equitable investigation of complaints and to take appropriate steps to resolve such situations. If sex-based discrimination or retaliation is found to have occurred, the district must take immediate action to eliminate the discrimination or retaliation, prevent its reoccurrence, and address its effects.

F. For questions about this procedure, contact the district’s Title IX Coordinator, Laura Cardinal, who can be reached at Bellingham Public Schools, 1985 Barkley Boulevard, Bellingham, WA 98225, cardinal@bellinghamschools.org or 360-676-6455.

G. Other Complaint Options

O.C.R. enforces several federal civil rights laws, which prohibit discrimination in public schools on the basis of race, color, national origin, sex, disability, and age. File complaints with O.C.R. within 180 calendar days of the date of the alleged discrimination.

206-607-1600 ǀ TDD: 1-800-877-8339 ǀ OCR.Seattle@ed.gov ǀ www.ed.gov/ocr

Washington State Human Rights Commission (WSHRC)

WSHRC enforces the Washington Law Against Discrimination (RCW 49.60), which prohibits discrimination in employment and places of public accommodation, including schools. File complaints with WSHRC within six months of the date of the alleged discrimination.

1-800-233-3247 ǀ TTY: 1-800-300-7525 ǀ www.hum.wa.gov

Adopted: 9/27/24

Revised: 5/23/25

Superintendent or Board Approved: Board Approved