Judge Lynn Hughes in Houston recently decided that a mother can be fired for wanting to pump breast milk at work, claiming that lactation is in no way related to “Pregnancy, childbirth, or a related medical condition.” This case came about after Donnicia Venters gave birth and was ultimately fired from her job at Houston Funding after asking to use the bathroom to pump milk, although the company claims they fired Venters for abandonment. The Equal Employment Opportunity Commission filed a complaint on behalf of Venters against Houston Funding, noting that the company violated Title VII of the Civil Rights Act of 1964, which makes it illegal to discriminate against a woman “Because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth.” Not that the suit helped. In fact, the case didn’t even make it to court. Judge Hughes dismissed the lawsuit and wrote in the opinion, “Firing someone because of lactation or breast-pumping is not sex discrimination.” Judge Hughes goes on to say that Venters, “Gave birth on December 11, 2008. After that day, she was no longer pregnant and her pregnancy-related conditions ended.” Thus, the Judge wrote, “Even if Venters’s claims are true, the law does not punish lactation discrimination.” Well… score one for shady companies. Score zero for babies and mamas.

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