Ms. magazine  -- more than a magazine a movement

SIGN UP FOR MS. DIGEST, JOBS, NEWS AND ALERTS

FEMINIST WIRE NEWSBRIEFS

ABOUT
SEE CURRENT ISSUE
SHOP MS. STORE
MS. IN THE CLASSROOM
FEMINIST DAILY WIRE
FEMINIST RESOURCES
PRESS
JOBS AT MS.
READ BACK ISSUES
CONTACT
RSS (XML)
 
feminist wire | daily newsbriefs

March-20-14

Breastfeeding Woman Pushed To Resign Will Not Get Discrimination Trial

A woman who filed charges against her employer for failing to accommodate her and encouraging her to resign when she was breastfeeding cannot continue with her lawsuit, a court ruled on Thursday.

Angela Ames returned to work in 2010 at Nationwide Mutual Insurance in Des Moines after a two-month maternity leave. She needed to breastfeed every three hours, but the company refused to let her use its lactation rooms because she had not completed necessary security paperwork, which she was unaware was a requirement and would take three days to process. A nurse told her she could lactate in a wellness room, but that it might expose the milk to germs.

While she was in pain after being unable to express her milk for several hours, her supervisor told her she would have to work overtime. When she then spoke to her department head, Karla Neel, she told her it was not her responsibility to help her, and she said, "I think it's best that you go home to be with your babies." Neel then handed Ames papers with details of her resignation on them and told her to sign. In addition, several months prior, her supervisors told Ames she may have to cut her maternity leave short and gave the impression that taking extra unpaid leave would be looked at unfavorably.

Ames filed a lawsuit alleging gender and pregnancy discrimination at the state and federal level. A US District Judge dismissed the case in 2012, but the US Equal Employment Opportunity Commission filed a friend-of-the-court brief urging that it be reinstated. Against all evidence, the 8th US Circuit Court of Appeals - a court of all men - ruled that Ames had not provided legal proof that she had been discriminated against, that the company had properly tried to accommodate her needs, and that a reasonable person would not "jump to the conclusion that her only option was to resign," even though Ames was in significant pain and distress at the time.

Despite the Pregnancy Discrimination Act of 1978's bar on discrimination toward pregnant employees, many American women are forced out of their jobs or denied accommodations that would allow them to continue working once they become pregnant. The Pregnant Workers Fairness Act (PWFA) would strengthen it, requiring employers to provide reasonable accommodations for workers and barring them from denying employment opportunities based on a reasonable accommodation, but it has stalled in Congress since last May.

Media Resources: ThinkProgress 3/19/14; MSN News 3/19/14; Feminist Newswire 2/4/14, 5/15/13


© Feminist Majority Foundation, publisher of Ms. magazine

If you liked this story, consider making a tax-deductible donation to support Ms. magazine.

 

 

Send to a Friend
Their
Your
Comments
(optional)


More Feminist News

11/21/2014 STATEMENT: Feminist Majority Foundation Applauds President's Executive Order on Immigration - Statement from Eleanor Smeal, Feminist Majority Foundation president: "The Feminist Majority Foundation applauds President Obama for taking much needed executive action to help fix our broken immigration system that has for too long torn hardworking families apart. . . .
 
11/21/2014 Fifth Circuit Court Refuses to Reconsider Ruling Blocking Mississippi TRAP Law - The full US Court of Appeals for the Fifth Circuit on Thursday refused to reconsider a panel decision blocking enforcement of a Mississippi law that threatened to close the last remaining abortion clinic in the state. In July, a panel of the Fifth Circuit Court of Appeals upheld a preliminary injunction against a Mississippi TRAP (Targeted Regulation of Abortion Providers) law requiring abortion providers to obtain admitting privileges at local hospitals. . . .
 
11/21/2014 UN Expert Calls for Action To End Violence Against Women in Afghanistan - United Nations Special Rapporteur on Violence against Women Rashida Manjoo returned last week from a nine-day official visit in Afghanistan with a call to the Afghan Government and the international community to continue its focus on creating sustainable solutions to reduce violence against women. This was Manjoo's third visit to Afghanistan, and the Special Rapporteur noted many positive developments since her travel to the country in 1999, during the Taliban regime, and in 2005. In particular, Manjoo cited the creation of the Elimination of Violence Against Women Law (EVAW) by presidential decree in 2009 as "a key step towards the elimination of violence against women and girls."EVAW criminalizes 22 acts of violence against women - including rape, child and forced marriage, domestic violence, trafficking, and forced self-immolation - and specifies punishment for perpetrators. . . .