Does discharging a female employee because she is lactating constitute sex discrimination in violation of Title VII of the federal Civil Rights Act? In a binding decision on May 30th, the United States Court of Appeals for the Fifth Circuit said yes.

The Pregnancy Discrimination Act (PDA) prohibits employers from discriminating against employees on the basis of pregnancy, childbirth, or related medical conditions. As we near the 35th anniversary of the PDA, district courts are still missing the point.

The case, Equal Employment Opportunity Commission v. Houston Funding II, Limited; Houston Funding Corporation, involved Donnicia Venters, a female account representative who was terminated after informing her supervisor that she would need to use a breast pump when she returned to work after giving birth. He told her that her position had been filled and she received a termination letter shortly thereafter, stating “job abandonment” as the cause for termination.

The district court dismissed the case, granting summary judgment in favor of Houston. It held that lactation is not a pregnancy-related condition and thus, “firing someone because of lactation or breast-pumping is not sex discrimination.” The Fifth Circuit disagreed and reversed, stating that lactation is a pregnancy-related medical condition under the PDA and that Houston’s actions were a cognizable sex discrimination claim under Title VII. Thus, it said, the dismissal of the claim was inappropriate.

That cases such as this are still arising in America is distressing, but let us celebrate this movement towards true justice.

For information about California’s pregnancy accommodation law, which requires employers to provide accommodation to pregnant employees or employees who have recently given birth, click here.

Support the Pregnant Workers Fairness Act, which would require employers to provide employees with reasonable accommodations for conditions related to pregnancy and childbirth.

This post was written by ERA law clerk Brandy DeOrnellas.

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