Fired for Breast-feeding Breaks? Ohio SC-Breastfeeding discrimination is not gender discrimination

[The Straight Story]

Over in the Cleveland Plain Dealer, columnist Connie Schultz has much to say about a topic that has not gotten nearly as much attention as the Dugard case, and that’s the 5-1 ruling last week by Ohio’s Supreme Court against a nursing mother who was fired because she took unauthorized breaks to pump.

The case was decided on a narrow bit of employment law — that the woman, LaNisa Allen, had not gotten permission from her supervisor to take an unauthorized break. If she had asked and been denied, the court said, then she could have brought a discrimination suit. But given the facts of the case, the court affirmed the lower court ruling which included the conclusion that, “Allen’s condition of lactating was not a condition relating to pregnancy but rather a condition related to breastfeeding. Breastfeeding discrimination does not constitute gender discrimination.”

Schultz takes issue with the ruling, and the state of Ohio’s anti-discrimination laws, yes, but saves some of her fire for the company which dismissed Allen in the first place: “the Totes/Isotoner Corp. in suburban Cincinnati — the same manufacturer that pitches those handy little umbrellas, gloves and slippers to women.”

http://parenting.blogs.nytimes.com/2009/09/04/fired-for-breast-feeding-breaks/

[BlooInBloo]

1. They need to cover that under whatever maternity leave laws there are. How shitty.

[JonQ]

2. I would say the main issue is that

she took a leave without asking. Regardless of the reason that would be grounds for firing for anyone (male or female).

Had she asked who knows, she may have been granted permission.

And I agree, it isn't gender discrimination. She wasn't fired for being a woman, she was fired for not being at her job. It would be discriminatory to let her off for this because she's a woman, when a man would have been fired for skipping work (regardless of his reasons).

[shraby]

3. If a mother is breastfeeding her child, if the milk is

not pumped out when it's feeding time, it becomes extremely uncomfortable to not pump it out, or it will leak into the front of the clothing. It IS gender discrimination because men don't have that problem.

[FLDCVADem]

4. Wrong

Gender discrimination would be *possible* if she asked for the break and was denied. Not asking and just walking away from the job? That will get just about anyone fired.

[JonQ]

6. Which would have been a great thing to inform her boss of

then request leave, and had it been denied and she was fired, then file a lawsuit.

She didn't inform him. She just left. That is grounds for firing for any employee for any reason.

Women don't need prostate exams, but if a man simply got up and left work without informing his superior and without prior arrangement to get a prostate exam, and was then fired he would *not* have a claim for gender discrimination. The whole "not telling her boss thing" is really crucial to this case.

[EndersDame]

7. I never in anyplace I have worked asked to take a restroom break

This is total discrimination

[JonQ]

8. Employers typically give you restroom breaks

often of a maximum time limit and it's either stated or assumed that you may take them.

And if you take an inordinately bathroom break I'm guessing you'd be fired.

Why wouldn't she simply have asked to take a leave? I doubt it would have been denied.

Nope, this is discrimination against people who aren't at work when they are supposed to be, which is acceptable.

[EndersDame]

9. Could you imagine having to track down the manager while you were in pain

or really had to go!

[FLDCVADem]

10. Having pumped breast milk for two children

I can attest to the fact that it takes much longer to adequately empty breasts than it does to go to the bathroom. Not a good comparison at all.

[EndersDame]

12. I have no experience I just think her being fired was bullshit

[JonQ]

11. Again

bathroom breaks are generally assumed to be on your own. With a time limit. So that you don't have to ask permission.

Now if they stated you had to ask first and you didn't that would be grounds for firing.

Any other forms of leave generally have to be approved.

For insance if you are sick and just don't come in, you can be fired. They aren't firing you for being sick, but for not showing up/accounting for your absence.

Same if you get pregnant and simply disappear for 9+ months without letting them know why.

[Scout]

13. apparently you've never worked on a machine as part of a team,

or on an assembly line, or at many other kinds of jobs. working the cash register at rush hour at a fast food job is just one other.

you can't just wander off to use the restroom whenever you please. if you're sick and have to go now, that's different. but otherwise, you get a break when the machine stops, at a scheduled time with everyone else who runs that machine.

i believe this is the case where the woman had pre-approved break times, but took an additional or unscheduled break. she was a temp employee, and could have been let go at any time for no reason at all anyway.

[msongs]

5. why is she taking her baby to work did she say? nt

[Scout]

14. i'm pretty sure she was pumping, not feeding n/t