Saturday, November 17, 2012
Pitts-Baad v. Valvoline Instant Oil Change, ___N.E.2D___(Ohio Ct. App.10/15/12), is an interesting Ohio state court appellate decision. The Ohio Court of Appeals rejects a female employee's sex bias claim based on her employer's alleged failure to accommodate her breast-feeding. The court concluded that allowing such a claim under the “sex-plus” theory of discrimination would impermissibly elevate breast milk pumping to the level of a protected status.
Law review commentary on this issue would be most welcome.
Mitchell H. Rubinstein