Magazine article HRMagazine

Terminating Employees for Lactating Is Discrimination

Magazine article HRMagazine

Terminating Employees for Lactating Is Discrimination

Article excerpt

EEOC v. Houston Funding II Limited, 5th Cir., No. 12-20220 (May 30, 2013).

An employer who terminates a woman for lactating or wanting to express breast milk at work violates Title VII, according to the 5th U.S. Circuit Court of Appeals.

Donnicia Venters was an account representative for Houston Funding. Houston has no maternity-leave policy and is too small to be covered by the Family and Medical Leave Act (FMLA). In December 2008, Venters took a leave of absence to have her baby. She informed Harry Cagle, Houston's manager, that she would return to work as soon as her physician said she was ready.

Due to medical complications, Venters was out of work until mid-February. During her absence, she informed her supervisor, Robert Fleming, that she was breast-feeding and requested that he ask Cagle if she could express milk at work. Fleming reported back to Venters that after Cagle responded with a strong no, he added that maybe "Venters needed to stay home longer."

On Feb. 17, 2009, Venters informed Cagle that her doctor said she could return to work. She then asked the company manager if she could use a back room at work to pump milk. …

Search by... Author
Show... All Results Primary Sources Peer-reviewed

Oops!

An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.