Monday, August 31, 2009

More on Ohio Pumping at Work Case

Here is the link to the slip opinion on this case. The dissenting opinions are very interesting, with one concluding that while the trial court entering summary judgment in favor of the employer was proper, the appellate court should have considered the question of whether it is okay for a woman to be fired from her job for pumping. The second dissenting opinion goes even further and says that the plaintiff/appellant should have had the opportunity to present the facts before a jury.

We will keep an eye on this one.

http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2009/2009-Ohio-4231.pdf

Disturbing Court Ruling re: Pumping at Work

This is out of the Ohio Supreme Court, which ruled that a company can fire a lactating mother for taking unauthorized breaks to pump her milk. Apparently Ohio's anti-discrimination policy covers pregnant women, but not lactating women.

http://www.wlwt.com/health/20598118/detail.html <-- local story

http://www.salon.com/mwt/broadsheet/feature/2009/08/28/fired_for_pumping/index.html <-- blog about case

Sounds like the court did rule correctly, based on the controlling statute, disappointing as that is. Being the free-market type of person that I am, I find it difficult to demand that a more appropriate law be put in place to protect working, breastfeeding mothers. But, being a breastfeeding mother, it seems unfair that breastfeeding moms might have to bounce from job to job, looking for someplace that won't fire them for taking breaks to pump. I can't imagine that it's very easy to find a job when you have a small baby, so there's two strikes against new mothers who wish to breastfeed but need to work. It seems logical to me that if there are laws protecting pregnant women from being fired, then similar legislation should exist to protect women who wish to pump at work for their baby. It's really no wonder so many new mothers choose formula, with the social environment as hostile as it seems to be for working mothers of new babies.

There have been other very disturbing stories come to my attention in the past few weeks but I haven't taken the time to post them here. I'm going to try and remember to post stuff like that up here, so I can share with you as well as keep a record of stuff I want to keep handy.