In our last post we discussed an incident of alleged sex discrimination against a pregnant woman. Pregnancy discrimination has been against the law since 1964, under Title VII of the Civil Rights Act, but the subtleties of applying that law are still being settled in the court system. Medical leave and special accommodations for pregnant women or women who recently gave birth are still in controversy, as evidence by a recent lawsuit over breast-pumping in the workplace.

A district court judge has ruled in favor of an employer who allegedly fired a woman who wanted to use the bathroom to breast-pump. The judge wrote in his opinion that firing someone because of lactation or breast-pumping is not sex discrimination.

The woman's suit was brought on her behalf by the Equal Opportunity Employment Commission, which is common for these types of complaints. She has said that she is shocked by the outcome and will continue to pursue the matter in an appeal.

Advocates say that breastfeeding is a medical condition related to childbirth, and that it does fall under Title VII of the Civil Rights Act. Breast pumping is often recommended by pediatricians for health benefits to babies. Women who are not able to pump or nurse may risk infection.

The woman in this case says that the president of her company filled her job after discovering that she had requested space in the office to use her breast pump upon returning from maternity leave. She says that management did not provide an opportunity for discussion or compromise, and instead sent her a termination letter stating that she had abandoned her job.

This case is similar to the one we discussed in the last post, in which an employer asserted that the woman's request for accommodation constituted abandoning her job.

Some states are beginning to enact laws that specifically address this grey area and prevent this type of pregnancy discrimination.

Source: ABC "Judge Backs Firing of Houston Breastpumping Worker" Feb. 8, 2012.