Right now in America, working mothers are being discriminated against solely
because they breastfeed their children.
Last week the Ohio Supreme Court threw logic out the window when it ruled
that a woman was rightfully fired for taking breaks at work to pump breast
milk. Apparently it would have been
acceptable for Lanisa Allen to take a break to use the bathroom as long as she
didn’t pump breast milk in the process.
The Court argued
that Totes/Isotoner had the right to fire Allen because she made the choice to
breastfeed her child, which apparently does not qualify as a condition related
to pregnancy and, therefore, does not constitute gender discrimination.
It is astounding
that any court would come to a decision stating that breastfeeding is a
condition unrelated to pregnancy. That’s
like saying the branches of a tree aren’t at all related to the roots below the
ground. All new mothers should have the
opportunity to breastfeed their babies because it is integral to the health and
long term well-being of the child.
There is significant
scientific evidence showing that children who are breastfed have lower risks of
disease and illnesses including asthma, diabetes, obesity, and certain cancers. Additionally, there is evidence to suggest
that breastfeeding has significant health benefits for mothers as well. Yet, companies in America are allowed to fire
working mothers for not only doing what’s best for the health of their child, but
for themselves as well? That’s just
plain wrong.
In Oregon, I
championed an effort to provide working mothers with flexible break times and
privacy to pump breast milk. We won that
battle two years ago and now it’s time to expand Oregon’s effort nationwide.
In June, Representative
Carolyn Maloney, who has been a long-standing champion of the right of women to
breastfeed, and I introduced the Breastfeeding Promotion Act, a bill that would
protect breastfeeding in the workplace by making it easier for nursing mothers
to pump in private. Additionally, I proposed
an amendment to the health reform bill to help provide new mothers with
flexible break times and privacy to pump breast milk. The amendment garnered support from both
sides of the aisle, was unanimously passed by the Senate Health, Education,
Labor and Pensions (HELP) Committee and was included in the Affordable Health
Choices Act.
This ruling by the
Ohio Supreme Court reaffirms why it’s important that Congress include this
amendment in the health reform legislation.
We must enable all working mothers with the opportunity to nourish their
newborn children.
Working mothers have
so much on their plates when they give birth to a child; the last thing they
should have to worry about is whether they’ll lose their jobs just
because they want to do what’s best for their babies when they return to work.
We have to work
together to make sure that the case in Ohio, where a woman was fired for taking
breaks at work to pump breastmilk for her newborn, never happens again.
Thank you Senator Merkley! I was able to take advantage of the new legislation last year!
I don't see how Ohio ruled the way they did. If breastfeeding is not related to pregnancy then what the heck is it related to? Someone needs to fix their state constitution! Or the US Supreme Court needs to rule on this!
Posted by: lizsmusings.wordpress.com | September 08, 2009 at 12:49 PM
Isotoner slippers are a regular Christmas staple in our family. I'll not be buying them this year.
Thank you, Senator Merkely, for speaking reason.
Posted by: Kristina in Oregon | September 09, 2009 at 09:14 AM