Adjunct Law Prof Blog

Editor: Mitchell H. Rubinstein
New York Law School

Sunday, June 30, 2013

Fifth Circuit Holds Lactation Discrimination is Unlawful Sex Discrimination

 The Fifth Circuit held unanimously that firing a woman because she is lactating or expressing milk is unlawful sex discrimination under Title VII of the Civil Rights Act of 1964 (as amended by the Pregnancy Discrimination Act of 1978).  Congress passed the Pregnancy Discrimination Act to protect working women against discrimination on the basis of pregnancy, childbirth or a related medical condition. A copy of a May 31, 2013 EEOC Press Release describing this case is available here.

Law review commentary on this issue would be most welcome.

Mitchell H. Rubinstein

Employment Discrimination | Permalink


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