Judge Upholds Termination Because "Lactation is not Pregnancy"

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A judge in Houston has ruled in favor of an employer who allegedly fired a woman who wanted to use the bathroom to breast-pump.

Title VII doesn’t say anything about lactation, so Judge Lynn Hughes found that the lawsuit was not recognized under Title VII and dismissed the lawsuit. Judge Hughes ruled that “firing someone because of lactation or breast-pumping is not sex discrimination.”

The ruling is, of course, utter nonsense. Lactation occurs because of childbirth, and if a mother cannot pump or nurse, she is at risk of mastitis.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Aaron Morris, Morris & Stone, LLP | Attorney Advertising

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