Fifth Circuit Holds Lactation Discrimination is Unlawful Sex Discrimination

[Teamster Jeff]

Source: U.S. Equal Employment Opportunity Commission

PRESS RELEASE
5-31-13

HOUSTON--Overturning a federal trial court's decision from the Southern District of Texas denying the U.S. Equal Employment Opportunity Commission's discrimination lawsuit, the United States Court of Appeals for the Fifth Circuit held unanimously yesterday that firing a woman because she is lactating or expressing milk is unlawful sex discrimination under Title VII of the Civil Rights Act of 1964 (as amended by the Pregnancy Discrimination Act of 1978). Congress passed the Pregnancy Discrimination Act to protect working women against discrimination on the basis of pregnancy, childbirth or a related medical condition.

The appeal arose from a lawsuit filed by the EEOC on behalf of Donnica Venters, who claimed that she was fired after giving birth once she inquired as to whether she would be able to pump breast milk when she returned to her job. The EEOC sued, alleging that the employer, Houston Funding II, LLC, engaged in sex discrimination. The district court dismissed the lawsuit (EEOC v. Houston Funding II LLC, No. 4:11-CV-2442) on a motion for summary judgment. Following that decision, the EEOC appealed to the Fifth Circuit (EEOC v. Houston Funding II LLC, No. 12-20220)

In its decision, the lower court ruled that "lactation is not pregnancy, childbirth, or a related medical condition," and thus decided that "firing someone because of lactation or breast-pumping is not sex discrimination." The district court suggested that "pregnancy-related conditions" ended on the day that a mother gives birth.

"Pregnancy discrimination is something that the EEOC takes seriously and sees far too often," said David Lopez, General Counsel of the EEOC. "We are gratified that the Fifth Circuit gave plain meaning to the words of the Pregnancy Discrimination Act and ruled in our favor that discrimination on the basis of lactation is discrimination on the basis of sex."

In examining and overturning the lower court's ruling, the Fifth Circuit addressed the question "whether discharging a female employee because she is lactating or expressing breast milk constitutes sex discrimination in violation of Title VII." The appeals court found that "it does."



Read more: http://www.eeoc.gov/eeoc/newsroom/release/5-31-13a.cfm

[blackspade]

1. I'm glad to see some judges have their heads screwed on the correct way.

[eppur_se_muova]

2. Nice to see the lactation-intolerant lose one. nt

[bitchkitty]

15. Lactation intolerant - love it! n/t

[DFW]

3. The district court suggest "pregnancy-related conditions" end when a mother gives birth??

So, a mother should experience no natural tendency to give a newborn care, mother's milk, or physical affection?

No wonder the judges from the Southern District of Texas are such heartless assholes.

Look how they must have been treated as infants.

[hue]

4. Thanks EEOC!! K&R!!!

[Kelvin Mace]

5. Yeeehaaa!

[elleng]

6. "lactation is not pregnancy, childbirth, or a related medical condition"

GOOD for the 5th Circuit!

[Laelth]

7. The 5th Circuit? I am stunned. Pleased, but stunned. n/t

-Laelth

[arely staircase]

8. the 5th is one of the most right wing in the country

good on them for this ruling.

[YeahSureRight]

11. This is REALLY a big F-ing deal

5 of the 15 justices are dem appointments.

I was frigging shocked when I saw it.

Interesting how the ruling was released late on a summer Friday which is trash day. In other words so this fly's under the radar of the masses.

[arely staircase]

12. under the radar of the masses but it is now the law in the 5th circuit

and precedent for any other court to go by anywhere.

so yeah, pleasantly surprising.

[Half-Century Man]

9. The word to look up..

is "Mammal".
I suggest we tattoo the definition on the bodies of the officers of the lower court and the executives of Houston Funding II.

[hunter]

10. I used to take our kids to my wife's work so she could nurse them.

What the hell is wrong with this society that this isn't the norm?

Mom's should be able to stay at home with their kids if they choose, be able to nurse their kids at work if they choose, nurse them most anywhere they choose. And yes, absolutely, collect breast milk for later use.

We are, after all, mammals.

I swear, some of our leaders must be some kind of ugly fish people who spray their eggs and semen into the fish tank and forget about it once they've hired an underpaid abused nanny to take care of whatever crawls out.

[phylny]

14. I make it a point to tell the nursing mothers whom I supervise to

block off their schedules for "pumping" if they so choose. As a former breastfeeding mom, I know how important it is, and want them to know that I take their commitment to nurse seriously. I don't want to lose a valuable employee because of something that's so easily accommodated, and besides, it's in the best interests of mom and baby, too

[okwmember]

13. I'm shocked at the lower court's ruling.

How can lactation not be a medical condition related to pregnancy? Good on the 5th Circuit.

[Nikia]

16. I'm happy about this decision as a lactating mother

My workplace has accommodated me, but I hate to think that there are women out there that want to feed their babies their milk but feel that they cannot because of their employer.