In this issue:
- The EEOC Issues New Guidance on Employment-Related Background Checks
- Termination Based on Breastfeeding Does Not Constitute Sex Discrimination Under Title VII
- EEOC Finds That Title VII Protects Transgender Status
- EEOC Propounds Final Rule Concerning the "Reasonable Factors Other than Age" Defense
- EEOC Settles with Kelley Drye & Warren, LLP
An excerpt from "Termination Based on Breastfeeding Does Not Constitute Sex Discrimination Under Title VII"
The U.S. District Court for the Southern District of Texas ruled that terminating an employee's employment after she advised her employer of the need to express breast milk does not constitute sex discrimination in violation of Title VII. On June 29, 2011, the EEOC had filed suit on behalf of Donnicia Venters against Houston Funding II, Ltd. ("Houston Funding"). According to the EEOC's complaint, Houston Funding terminated Venters after she advised upper management of her intent to express breast milk in a back office upon her return to work from maternity leave. Arguing that the termination violated Title VII, the EEOC sought a permanent injunction prohibiting any future prohibited practice, as well as personal and punitive damages, back pay, and other relief on behalf of Venters.
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