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Hot Topic (9/3): Should breastfeeding moms get extra breaks at work?

Posted by on Sep. 3, 2009 at 3:03 AM
  • 70 Replies

 From the Wall Street Journal.

The Pump and Dump

An Ohio Supreme Court decision allowing a breastfeeding mother to be fired from her job for taking breaks to pump milk has ignited an angry buzz.

The decision came in the case of LaNisa Allen, a temporary warehouse laborer for Totes/Isotoner Corp. in West Chester, Ohio. Ms. Allen was fired after taking unscheduled breaks from work to pump milk. She fed her five-month-old baby before reporting to work for her 6 a.m. shift, but found waiting until her scheduled 11 a.m. break to pump was too difficult.

Any breastfeeding mother could relate to the discomfort and leakage Ms. Allen said she was experiencing.

Ms. Allen asked her bosses either to let her take an extended break at 10 a.m., or to extend a brief 10-minute break she was allowed at 8 a.m., to allow her time to pump, but neither request was granted. Ms. Allen began taking an unscheduled restroom break around 10 a.m. every day to use her breast pump, court papers show. A supervisor told her she was violating rules by not waiting until her 11 a.m. break, and she was later fired.

Ms. Allen sued Totes/Isotoner for discrimination under Ohio laws barring sex and pregnancy discrimination. Attorneys for Ms. Allen argued that other Totes employees weren't required to get permission in advance to take extra restroom breaks for other kinds of discomforts. They contended Ms. Allen was illegally singled out for a condition tied directly to pregnancy and childbirth.

Her employer contended her firing wasn't related to her need to pump, but to her failing to follow directions and violating workplace rules by taking unauthorized breaks.

But this decision isn't what it seems. A closer look reveals the court dodged the core question—whether breastfeeding mothers are protected by pregnancy-discrimination laws—and focused instead on the fact that Ms. Allen's attorneys didn't offer enough evidence up front that her employer was motivated by discrimination.

One dissenting justice objected that the court should have ruled anyway on the core question of whether breastfeeding mothers can legally be fired for pumping at work. (He and two other justices believe they can't, court papers show.)

* * *

What do you think? 

Should breastfeeding mothers be allowed to take unscheduled breaks to pump? 

Should it be legal to fire breastfeeding mothers for pumping at work?

 





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Posted by on Sep. 3, 2009 at 3:03 AM
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Replies:
mamaof2angles
by on Sep. 3, 2009 at 3:07 AM

Yes they should be allowed either "unschduled" breaks or extended breaks. and NO a mother should not be fired because she has a need to pump her breastmilk.

tericared
by on Sep. 3, 2009 at 5:12 AM

I bet the judge never had a couple of breast full of milk,,how stupid to not let this woman pump, sweet niblets... 

athenax3
by on Sep. 3, 2009 at 7:26 AM

Of course, how can this even be a question?


Mrs_Harsh
by Member on Sep. 3, 2009 at 8:14 AM

 Nope, It's not the workplaces responsibility to make sure a chick can pump at work. How you choose to feed your children is your choice it wasn't the jobs choice, So no i do not think they should be granted extra time to pump. That's just my opinion whether you agree or not. Im not bashing anyone for there choices, But it was not your jobs choice to breastfeed your child. Do i think they should be fired from there jobs , no. But if you want to keep your job you should follow the rules just like everyone else, kwim?

hsteele
by on Sep. 3, 2009 at 8:18 AM

I am divided on this subject. On one hand, employees with children require more privileges than most other employees, maternity/paternity leave, emergency time off to handle child issues at school etc. Having children is a choice not a requirement. As is breastfeeding. It could be seen as unfair to other employees. However as a mother, I would expect to receive those priveleges myself if I were working. I think her employer was being an ass and most likely didn't like her to begin with and wanted an excuse to fire her. I wonder though, does the company allow other employees to have smoke breaks? That was one thing that always drove me crazy. I used to waitress and would get so frustrated when I saw my coworkers wondering off for an unscheduled smoke break while I a nonsmoker was working with only my scheduled breaks.

Heather
Proud Pagan Momma

"If Evil exists its a pair of train tracks,
And the Devil is a railroad car."

Josh Ritter "Harrisburg"

mamaof2angles
by on Sep. 3, 2009 at 8:19 AM

Wheather you intended to or not you are bashing people, also MOST not all but most states have some sort of admentment or law protecting breastfeeding mothers.  It may not have been the employments choice, but Im sorry extending her breaks or even moving them up is really not that hard to do.  And women should NOT be fired for having childern.

Quoting Mrs_Harsh:

 Nope, It's not the workplaces responsibility to make sure a chick can pump at work. How you choose to feed your children is your choice it wasn't the jobs choice, So no i do not think they should be granted extra time to pump. That's just my opinion whether you agree or not. Im not bashing anyone for there choices, But it was not your jobs choice to breastfeed your child. Do i think they should be fired from there jobs , no. But if you want to keep your job you should follow the rules just like everyone else, kwim?


IhartU
by Silver Member on Sep. 3, 2009 at 8:19 AM

Absolutely not. How is that fair for someone to get extra breaks simply because they DECIDED on their own to have a child and to breast feed?

I see how it would affect the company negatively over all. People are there to WORK and produce. They get PAID to WORK, not to pump their breasts and taking all those breaks and still getting paid for it is like stealing company time and money.

Now, if they punch out and don't get paid for that extra break, then I see nothing wrong with it...

mamaof2angles
by on Sep. 3, 2009 at 8:22 AM

What about like another poster said SMOKERS whom take UNSCHDULED breaks???? hmmm?????  Either way a breastfeeding mother is SCREWED no matter what she does. I know BTDT

Quoting IhartU:

Absolutely not. How is that fair for someone to get extra breaks simply because they DECIDED on their own to have a child and to breast feed?

 

IhartU
by Silver Member on Sep. 3, 2009 at 8:23 AM


Quoting mamaof2angles:

What about like another poster said SMOKERS whom take UNSCHDULED breaks???? hmmm?????

Quoting IhartU:

Absolutely not. How is that fair for someone to get extra breaks simply because they DECIDED on their own to have a child and to breast feed?

 

I don't agree with that EITHER. It's STEALING from the company and  you should be fired.

mamaof2angles
by on Sep. 3, 2009 at 8:24 AM

So its not of for a mother to pump but yet even though you dont agree its techinally ok for smokers to "light up" whenever??? how is that fair??????

Quoting IhartU:


Quoting mamaof2angles:

What about like another poster said SMOKERS whom take UNSCHDULED breaks???? hmmm?????

Quoting IhartU:

Absolutely not. How is that fair for someone to get extra breaks simply because they DECIDED on their own to have a child and to breast feed?

 

I don't agree with that EITHER.


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