Seems like the “Great Texas Lactation Case” is the significant case that we predicted some time ago. Blog of February 9, 2012.
The EEOC is seeking to reverse a Texas judge’s decision which denied the Title VII claim of a woman who alleged that she was fired for seeking to pump breast milk while on the job. He famously (notoriously?) said that "Lactation is not pregnancy, childbirth, or a related medical condition." The EEOC argues that the Pregnancy Discrimination Act and Title VII protect women from being fired for lactation and breast pumping.
The Texas Pediatric Society and the Texas Medical Association has filed a “friend of the court brief” in support of the EEOC’s appeal, arguing that “since the yielding of milk by mammary glands is a medical condition caused by pregnancy and childbirth, lactation is a ‘related medical condition’ as contemplated by Title VII.”
And now the employer has just filed its appeals brief, in which it argues that even if Title VII prohibits “lactation discrimination,” it does not prohibit “breast pumping discrimination.”
Getting interesting. But we are still putting our betting money on a reversal.