Strollerderby

Fired For Pumping Case Reaches Higher Court

Posted by Brett Singer

A woman was fired for pumping at workA woman who worked for Totes/Isotoner Corp. was fired for taking too many bathroom breaks. No, she wasn't snorting coke in there. She was pumping breast milk.

After losing in court in 2008, and again on an appeal, LaNisa Allen is appealing to a higher authority -- the Ohio Supreme Court.

The legal argument seems to be that "the company didn't discriminate because breastfeeding doesn't legally constitute an illness or medical condition." Attorneys for Totes/Isotoner also say that "there is legal precedent showing that employers don't have to give extra breaks to breastfeeding women."

That may be true. But so what? (I mean, it's not like she was driving while she pumped.) No, breast feeding isn't an "illness" but I was surprised to read that someone was fired for doing it at work, sued, and then lost. Twice. It will be interesting to see if the Ohio Supremes are more sympathetic to Allen's cause. Even if the company was legally correct, it seems like bad policy to punish a breast feeding mother like this.

Anyone have any experiences, good or bad, with pumping on the job?

Source: Dayton Daily News via Slate

Image: ymswwc.com

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Comments

 

maeby said:

what is there stance on smoke breaks?

March 11, 2009 1:07 PM
 

gpgirl said:

Unfortunately, whether the court is sympathetic or not, they follow how the law is written. If the law in Ohio is written such there a woman who pumps has no protection at work and can be fired, they have to side in favor of the company. It is not their fault, it is the fault of the law.

This is a major dilemma for working moms. There is a big push to get as many women as possible to breastfeed, but working and breastfeeding/pumping can be next to impossible. Even in states where a lactation room is required in any company over a certain size, they still do not have to give you the extra breaks required. The way so many people are pushed to work extra hours, a mom might feel guilty if she has to take more and longer breaks than her colleagues.

Until we embrace more flexibility in the workplace, this kind of problem with continue. Unfortunately, in this economy, this is not likely to happen any time soon.

March 11, 2009 7:09 PM

About Brett Singer

Brett Singer is a writer and father living in Manhattan with his wonderful wife and two terrific sons (referred to here as Thing 1 and Thing 2). He writes about music for the Boston Phoenix, parenting for Babble and daddytips.com, and other topics for anyone else who will have him.

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