Friday, April 13, 2012

Lactating Mothers Protected In Medical Licensing Exam

The Massachusetts Supreme Judicial Court has vacated a dismissal of a complaint brought by a medical student and nursing mother against the National Board of Medical Examiners, which administer the United State medical licensing examination:

We conclude that, in refusing to provide additional break time to Currier during the exam, the NBME did not violate the civil rights act because its conduct did not amount to coercion under that act. The judge, therefore, properly granted summary judgment to the NBME on this claim. We further conclude that Currier proffered sufficient evidence to raise a genuine issue of material fact as to whether the NBME violated her rights under the equal rights act. Thus, summary judgment on that count is inappropriate. Concerning Currier's claim under the public accommodation statute, we reject the legal arguments advanced by the NBME regarding the application of that statute to these circumstances, and conclude that Currier is entitled to summary judgment on that claim. Because Currier is entitled to statutory relief under the public accommodation statute (and possibly also under the equal rights act), we do not decide her constitutional claim...Our decision in the context of the equal rights act and public accommodation statute counts, that lactation is a sex-linked classification, recognizes that there remain barriers that prevent new mothers from being able to breastfeed or express breast milk. We take this opportunity to extend protection to lactating mothers in the context of lengthy testing required for medical licensure.

The case is Currier v. National Board of Medical Examiners, decided April 13, 2012. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2012/04/lactating-mothers-protected-in-medical-licensing-exam.html

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