In Australia the relelvent authorities have considered discrimination on the
basis of breastfeeding sex discrimination for quite a long time...it is
spelled out specifically in some states. Makes sense. Do the courts in the
US consider discrimination on the basis of pregnancy to be sex
discrimination?
Karleen Gribble
Australia
----- Original Message -----
From: "Morgan Gallagher" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Friday, February 13, 2009 4:53 AM
Subject: Re: Denny's
> Just to add to this, from the aspect of sharing other country info.
>
> Until recently, we were all more or less unaware, that mothers could sue
> under the Sex Discrimination Act, for being asked to stop breastfeeding
> in commercial premises.
>
> We were all mostly unaware of it, as no one had really mentioned it.
> Last year, the UK Gov were asked to provide protection for breastfeeding
> in England & Wales, as exists in Scotland. (It's an offence to try and
> stop a mother or caregiver, feeding milk to a child two and under, in
> any place the child has a right to be.)
>
> In one of their replies, they nonchalantly said "Women have always been
> able to sue for this under discrimination of maternity rights in the
> SexDiscAct."
>
> It was news to most of us!
>
> However, we're not very happy with it as an answer. What we want, is
> legal protection against harassment: full stop. Under the SDA
> legislation, a mother who is asked to leave premises for breastfeeding,
> would have to leave, and then file a private civil claim for
> discrimination: and the burden of both proof and procedure, would be on
> her. And it is only in premises where there is someone to sue for
> discriminating over provision of goods and services, so it does not
> include harassment in public places.
>
> It was also used as a 'blocking' motion on the request to actually make
> the harassment an offence. The UK Gov minister said something like "No
> premises would ever ask a breastfeeding mother to leave, as they could
> be sued, and they won't risk that." Ah, yes. Ah, hell no.
>
> But it has been a useful revelation, in terms of empowering mothers in
> England & Wales. As was the publicity at the time, with said Minister
> for State making it clear that breastfeeding in public in England &
> Wales could never be classed as indecent, and was perfectly legal.
>
> Morgan Gallagher
>
>
> Jake Marcus wrote:
>>
>> This is a good point Karen. :) The Ohio case was an interesting one and
>> the
>> result unique. The finding by the Ohio Civil Rights Commission that the
>> breastfeeding discrimination was potentially sex discrimination was great
>> and one with which I entirely agree even though other states have not
>> held
>> the same way. So you are correct, the NC mom may have the procedural
>> possibility to file in the NC commission (a NC lawyer would have to
>> examine
>> the filing rules). It is a chance worth taking even though Ohio has the
>> only commission to have come down with this holding with a law like this.
>>
>> Since the Ohio case settled, the preliminary holding concerning sex
>> discrimination is not binding. But if the NC Commission will accept the
>> case
>> (and the mom has a lawyer) it is worth trying.
>>
>>
>
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