Adjunct Law Prof Blog

Editor: Mitchell H. Rubinstein
New York Law School

Tuesday, June 4, 2013

Fifth Circuit: Expressing Mom Protected from Sex Discrimination

In a published opinion, the a Fifth Circuit Court of Appeals panel last week, in a sex discrimination lawsuit brought by the EEOC, reversed summary judgment for an employer that allegedly discharged an employee for expressing milk while at work.  The lower court earlier found, as a matter of law, that discharging a lactating female employee for expressing milk does not constitute sex discrimination.  The Fifth Circuit held that discriminating against a woman who is lactating or expressing breast milk violates federal sex discrimination laws.

The opinion is EEOC v. Houston Funding II., Ltd., No. 12-20220 (5th Cir., May 30, 2013).  The opinion, by Judge Grady Jolly, was unanamous, with Judge Edith Jones concurring.  The Houston Chronicle's story on the case adds this interesting tid-bit.

"You would think there would be reported case law on this," said Jim Sacher, regional attorney for the Equal Employment Opportunity Commission in Houston, which is handling the case and its appeal on behalf of Venters.

But this is the first definitive decision in the country that firing someone because of lactation is an example of sex discrimination, Sacher said.

Craig Estlinbaum

June 4, 2013 in Discrimination Law, Employment Discrimination, Federal Law, Interesting Cases | Permalink | Comments (0)

Monday, June 3, 2013

Please Support Kidney Donation By Supporting Linda's Home Team

Linda SledLinda February 2013

Donate Life

As many of you know, on June 29, 2011, my  then 13 year old daughter, Linda, received a Kidney transplant from a child donor who died in a tragic accident. We are forever greatful to that wonderful family.

My older daughter, Mollie as well as our entire family is very active in raising money for The New Jersey Sharing Network. The New Jersey Sharing Network facilitates organ donation and transplant and is the organization responsible for helping Linda obtain her new Kidney. 

On June 9, 2013, The New Jersey Sharing Network is sponsoring a 3 mile run and walk to help raise money for this critically important cause. The event will take place in Providence New Jersey and starts t 9 am. Information about the run/walk can be found here.

I hope that you will consider joining us on June 9th. If you cannot make it, contributions are welcome. 100% of the donations go to the N.J. Sharing Network. 

If you want to sign up to run/walk, click here.  You should click on join team in the upper right hand corner. If you cannot make it and would just like to contribute, you can make a donation on by clicking on my name and then clicking on contribute in the right hand corner. 

This is the least that we can do. And please consider indicating on your drivers license that you are willing to be an organ donor. Additional information about Linda's Home Team as well as a picture of some of the members from last year can be found on Linda's Home Team Facebook page developed by Mollie, here

Thank you,

Mitch Rubinstein

June 3, 2013 | Permalink | Comments (0)

Law School Applications Decline Again

From Catherine Ho, Washington Post:

The number of people applying to U.S. law schools dropped nationwide for the third year in a row, prompting some law schools to slash the size of their entering classes.

As of May 17, about 55,760 people had applied to American Bar Association-accredited law schools for the 2013-14 school year — down 13.4 percent from 2012, according to data compiled by the Law School Admission Council.

The story goes on to describe cuts in applications or enrollment at Georgetown, George Washington and other schools.

Craig Estlinbaum

June 3, 2013 in Law Schools | Permalink | Comments (0)

New York City Statute Establishes Unemployed As A Protected Group

Later this month, a NYC Local Law goes into effective which establishes unemploymed as a protected group. An excellent, summary of this new law is Geoffrey Mort, Implications of Statute Establishing Unemployed As A Protected Group, NYLJ (May 20, 2013). As the article explains:

When the New York City Council in March voted to override Mayor Michael Bloomberg's veto and enacted a law prohibiting employment discrimination against unemployed persons, it created the first new protected group in New York since the state Sexual Orientation Non-Discrimination Act was passed some years ago. The new act, with several exceptions discussed below, makes it unlawful for employers with four or more employees to discriminate with respect to hiring, compensation or the terms and conditions of employment against any unemployed person seeking a job or to advertise for a position and require current employment as a qualification. The purpose of the New York City Local Law Prohibiting Discrimination Based on an Individual's Unemployment is straightforward: in advocating for its passage, City Council Speaker Christine C. Quinn stated that "[w]e want to do everything we can to help people work" and said that a psychological stigma attached to being unemployed is "completely unfair."


Mitchell H. Rubinstein

June 3, 2013 in Employment Discrimination, New York Law | Permalink | Comments (0)