Appeals Court Tells Texas Judge that, Actually, Moms Can't Be Fired for Breastfeeding
Congress didn't explicitly reference lactation when it passed the Pregnancy Discrimination Act in 1978. It merely said that employers can't fire or punish women because of "pregnancy, childbirth, or related medical conditions," which would seem to encompass the postpartum activation of the mammary glands.
U.S. District Judge Lynn D. Hughes (who is, for the record, a dude), didn't see it that way. Last year, he issued a ruling in the case of Donnicia Venter who, with the backing of the Equal Employment Opportunity Commission, claims she was fired after twice requesting to pump breast milk at work.
"Firing someone because of lactation or breast-pumping is not sex discrimination," Hughes wrote, granting employer Houston Funding's motion for summary judgment. That's because, according to Hughes, lactation is not a medical condition of pregnancy.
The Fifth Circuit Court of Appeals in New Orleans is scratching its head at that one. A three-judge panel recently overturned Hughes' ruling after turning to the authoritative legal text known as the dictionary (Collins English Dictionary -- Complete and Unabridged, 2003 edition) and concluding, "Lactation is the physiological process of secreting milk from mammary glands and is directly caused by hormonal changes associated with pregnancy and childbirth."
More at http://blogs.dallasobserver.com/unfairpark/2013/06/appeals_court_tells_texas_judg.php .
= new reply since forum marked as read
"DO NOT take Constitutional Law from Lynn Hughes. He's mean and nasty and he embarrasses students when they recite cases."
Known for being nasty to students.
I waited and waited to take Con Law. It's a required course. I took it from Peter Riga, who is an ex-priest who ranted about how horrible Roe v. Wade is, so I didn't learn much anyway.
