‘The Great Texas Lactation Debate’ whether
breast milk pumping is a pregnancy related condition
The Equal Employment Opportunity
Commission is acting for a Texas mother who was fired days after she asked her employer about a room to pump
breast milk. A judge ruled that after the woman gave birth the former employee 'was no longer pregnant and her
pregnancy-related conditions ended.'
In
February 2012, a federal judge ruled that a Houston mother could not sue a debt collection agency for firing her
after she asked if she could use a back room to pump breast milk. She alleged sex discrimination. "Firing
someone because of lactation or breast-pumping is not sex discrimination," U.S. District Judge Lynn N. Hughes
said in the case of Donnicia Venters, who is represented by the Equal Employment Opportunity
Commission.
The commission has appealed the ruling
to the 5th
U.S. Circuit Court
of Appeals in New Orleans, arguing that "firing a female worker because she is lactating ... imposes a burden on
that female worker that a comparable male employee simply could never suffer. That is the essence of sex
discrimination." It also says Venters' former employer, Houston Funding in Houston, violated the Pregnancy
Discrimination Act of 1978.
The EEOC's appeal is being supported
by the Texas Medical Association and the Texas Pediatric Society. " 'Related medical conditions' includes all
pregnancy and childbirth associated conditions relating to the study or practice of medicine," they argue in an
amicus brief. "Since the yielding of milk by mammary glands is a medical condition caused by pregnancy and
childbirth, lactation is a 'related medical condition' as contemplated by Title
VII."
More info:-
http://www.workforce.com/article/20120823/NEWS02/120829971/great-texas-lactation-case-debates-whether-breast-milk-pumping-is-a#
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