Hip Moms Who Work

Isotoner/Totes fired a woman who had been pregnant five months before and was pumping at work. (Good article on this at Salon.com) She was accused of taking unauthorized breaks during which she’d pump.  The company claims that they had the right to fire her for insubordination. The Ohio Supreme Court decided the case last week and UPHELD Isotoner/Totes’ decision. And here’s the court’s statement:

Allen gave birth over five months prior to her termination from [Isotoner]. Pregnant [women] who give birth and choose not to breastfeed or pump their breasts do not continue to lactate for five months. Thus, Allen’s condition of lactating was not a condition relating to pregnancy but rather a condition related to breastfeeding. Breastfeeding discrimination does not constitute gender discrimination.

Um, ok. So, regardless of whether or not LaNissa Allen’s pumping breaks were authorized, we should all have HUGE issue with the statement. Let’s break it down, shall we?

…Allen’s condition of lactating was not a condition relating to pregnancy but rather a condition related to breastfeeding.

Since when is breastfeeding not related to pregnancy? Don’t know about you, but I’ve never met a woman who has breastfed who hadn’t been pregnant immediately beforehand.  Spontaneous lactation does not exist, you idiots at Isotoner/Totes and you morons on the Ohio Supreme Court.

Moving on:

Breastfeeding discrimination does not constitute gender discrimination.

So, in addition to spontaneous lactation, the firing company and the Court apparently believe that men can breastfeed. I do not understand how anyone in their right mind can separate gender from breastfeeding (maybe they saw the Oprah about the ‘pregnant man’? Or maybe some of the Justices have man boobs?). Extricating the two is impossible.

With a ruling and a statement like this, I thought the Ohio Supreme Court would be all men, well, not so. Three WOMEN are justices on the Court. For shame, Evelyn, Maureen and Judith Ann. For shame…

I don’t know what was up with LaNissa’s pumping breaks  and why they weren’t authorized in the first place, so I am trying not to comment on that, but many of us know what a challenge pumping at work can be (click here for my pumping at work experience). The precedent this ruling sets, at least in the state of Ohio, is appalling. Maybe all new moms in Ohio should quit pumping and start smoking instead, since those people seem get all sorts of breaks to go outside and light up.

So, next holiday season, when I’m picking up random grab-bag gifts for a distant relative, I’ll steer clear of Isotoner/Totes as a sign of protest. Those stretchy gloves are ugly anyway.

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