A federal court in Texas has ruled against a mother who was fired from her job for attempting to pump at work, Courthouse News Service reports.
The case involved a complaint filed by the Equal Employment Opportunity Commission against Houston Funding on behalf of Donnicia Venters, a mother who says she was fired when she expressed her desire to pump at work when she returned from maternity leave. The company maintains that she was fired because she had abandoned the job.
U.S. District Judge Lynn Hughes ruled in favor of the company, stating that, "firing someone because of lactation or breast-pumping is not sex discrimination" under current law.
Courthouse News Service reports:
"Even if the company's claim that she was fired for abandonment is meant to hide the real reason - she wanted to pump breast-milk - lactation is not pregnancy, childbirth, or a related medical condition," Hughes wrote.
"The law does not punish lactation discrimination," the three-page opinion states.
It appears to me that Congresswoman Carolyn Maloney's bill, the Breastfeeding Promotion Act of 2011 would remedy this problem, as it amends the Civil Rights Act of 1964 "to protect breastfeeding women from being fired or discriminated against in the workplace."
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