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On February 2, 2012, Judge Lynn Hughes, Southern District of Texas granted the employer’s motion for summary judgment. The Court’s opinion announces that pumping breast milk is not protected. Anti-discrimination laws prevent an employer from discriminating against a woman arising out of pregnancy, childbirth or related medical condition. An employer’s action related to pumping breast milk is not sex discrimination because it is not related to pregnancy, childbirth or related medical condition. Pumping breast milk pre-supposes that pregnancy and childbirth are over. Thus, the Court decided no medical condition remained after the mother had the baby.
For the moment, the definition of sex discrimination has not been expanded to include pumping breast milk. An appeal is anticipated on this issue.
Related articles
- Firing for using breast pump isn’t sex discrimination, judge rules (seattletimes.nwsource.com)
- TX Federal Judge Nixes EEOC Breast Milk Pumping Case, Finds No COA re ‘Lactation Discrimination’ | ABA Journal | Martha Neil | 02/8/12 (vinhsulaw.wordpress.com)
