A federal judge recently ruled in a workplace discrimination lawsuit that, "firing someone because of lactation or breast-pumping is not sex discrimination." The woman reportedly had asked her employer to provide a place for her to pump breast milk during breaks at work. The judge reportedly reasoned that lactation and pumping breast milk for a child are not pregnancy related issues, and therefore do not rise to the level of sex discrimination in the workplace.

The federal trial court judge is not chambered in Florida, and the trial court ruling is not binding on other courts. However, several federal trial court judges have previously issued similar rulings, and no higher level appellate courts have entertained the issue, which remains open for litigation.

The recent federal health care law itself addresses the issue of breast feeding. The health care overhaul requires employers to allow new mothers to nurse during work breaks. However, that law does not expressly address workplace discrimination. While the law requires providing work breaks for new mothers, it does not expressly prohibit employers from firing new mothers if they seek to exercise their right provided under the specific law.

The recent case out of Texas did not involve the health care overhaul. The new rule went into effect last year, and the recent Texas case arose in 2008, well before the health care overhaul. The company reportedly says it will comply with the health care law in the future, but denies it had discriminated against the mother in 2008 when she was fired for requesting a place to nurse.

South Florida workplace discrimination lawyers note that he Pregnancy Discrimination Act protects mothers from workplace discrimination due to pregnancy-related issues. Apparently, the federal judge in a different jurisdiction found that breast feeding is not pregnancy-related.

Source: USA Today, "Judge: Firing for lactation not sex discrimination," Associated Press, Feb. 10, 2012