Judge: Firing for lactation not sex discrimination

Thursday, February 9, 2012

HOUSTON (AP) — A federal judge’s ruling against a Houston mother who says she was fired after asking for a place to pump breast milk has highlighted a question left unanswered by higher courts: Is firing a woman because she wants to pump at work sexual discrimination?

In her ruling, U.S. District Judge Lynn Hughes said it wouldn’t be illegal even if Donnicia Venters and the Equal Employment Opportunity Commission were correct in assuming that Houston Funding, a debt collection agency, fired her because she’d asked to pump breast milk at work. The judge reasoned that lactation was not pregnancy-related and, as a result, “firing someone because of lactation or breast-pumping is not sex discrimination.”

Several other district courts have issued similar statements, but no higher-level appeals court has ruled on the issue, leaving many new mothers in legal limbo, said Carrie Hoffman, a labor lawyer in Dallas. She said President Barack Obama’s health care law addresses breast-feeding and requires employers to give new mothers a break to nurse, but it doesn’t specifically protect women from being fired if they ask to do so.

“The intent was to get nursing mothers back to work but allow them to continue to nurse because of the health benefits associated with nursing,” Hoffman said.

“But even so, that law doesn’t have anything to do with terminating the employee ... it just requires break time. There appears to be a hole.”

Either way, the rule — which went into effect in the past year — would not apply to Venters.

Her story began in December 2008 when she took maternity leave. During the more than two months Venters was on leave, she kept in close contact with Houston Funding, according to cellphone records obtained by the EEOC and written statements by her former supervisors, said Tim Bowne, a senior trial attorney with the EEOC in Houston who helped litigate the case.

Venters told the EEOC that when she told Vice President Harry Cagle that she wanted to use a breast pump in a back room during breaks at work, his “demeanor then changed. He paused for a few seconds and said, ‘I’m sorry. We’ve laid you off,’” Bowne said.

“I didn’t think anything was wrong,” Venters told KHOU-TV of Houston. “I’m very shocked that it did happen. I worked very hard for that company going on three years, a lot of hours. I was a good employee, and I didn’t see it coming at all.”

More like this story

wow 1 year, 3 months ago

Geez as long as it's happenig during break or lunch time, let the women pump away. At those times it would not be taking away from the job as these are authorized times to be away from the production line and or desk. A mother breast feeds her child because it's suppose to be healthier....isn't that a good thing? Also, why is it when you have adult mother's who are not only being responsible mother's and parent's. Things have to get all prehistorie? These women are breast feeding parent's earning an honest living in the workforce. It shouldn't take the President or Congress or any fancy law to do what should be common sense. As long these women pump their milk at a time that does not interfere with their employment obligations...let em pump. As long as the pump sites are clean and private enough not cause discomfort to the pumpers, peers, supervisors and company operation. I say have at it.....what next no maternity leave, no single parent employee's, special voter identification cards, the conscript draft, a repeal of discrimination laws altogether, etc, etc. It seems as if this country is moving backwards instead of forward.

JMO 1 year, 3 months ago

The judge reasoned that lactation was not pregnancy-related and, as a result, “firing someone because of lactation or breast-pumping is not sex discrimination.”

Lactation isn't pregnancy-related? Funny, I don't see women just lactating for no reason, I certainly dont! Or men lactating at all! This is a really awful ruling.

JCLifer 1 year, 3 months ago

The current administration is quite a deal. Hopefully women will start waking up at how they are viewed and use their voting power to change things.

wow 1 year, 3 months ago

This is nothing more than big business being assisted by a bought and paid for judge who fanangles the law in the favor of the people who sign the checks. Even the youngest teenager can explain why and how lactation is related to a women being pregnant. Yet this Judge who is college educated and has years of expereince on the bench expects us to accept the opposite. Men and their money can do some of te dumbest things!!!!!

Here's something else.....in the last few years there have been littereally millions of dollars made on the numerous pills which Men can take in order to increase their sexual performance.....Yet in all these years there isn't one pill, shot, syrum, etc that ben developed that a women can take so she may defeat breast cancer.

cmnsense 1 year, 3 months ago

And a female judge at that....

lovemykids 1 year, 3 months ago

I just looked him up on google. It is a man.

cmnsense 1 year, 3 months ago

Ah, I should've known to check. Silly me for assuming the story had been proof-read.

"In her ruling, U.S. District Judge Lynn Hughes said it wouldn’t be illegal..."

lovemykids 1 year, 3 months ago

Yeah I did the same thing but thought that could not have been said by a woman. So thats why I checked :)

JCLifer 1 year, 3 months ago

How about some drugs to increase female performance too?

LuckNLove 1 year, 3 months ago

Stop sterotyping...

spelchek 1 year, 3 months ago

Tell the Democrats to stop passing laws that make suing easier.

lovemykids 1 year, 3 months ago

The judge reasoned that lactation was not pregnancy related

This is the stupidest statement I have ever heard! I think that if this judge knows that little about the human experience, then this particular judge needs to be removed.

JCLifer 1 year, 3 months ago

Think Sharia law.

lovemykids 1 year, 3 months ago

I have lactated at two different points in my life. One went along with a newborn at the time, who is now 11. The other time went with a newborn who is now 2. HOW??? How can you miss the fact that they are related. DIRECTLY RELATED! How does he think this works?

JMO 1 year, 3 months ago

Maybe Judge Hughes is lactating...He should probably see a doctor.

Please review our Policies and Procedures before registering or commenting

Or login with:

OpenID

News Tribune