It is very hard for us, with nothing but mass media accounts to go by, to know *why* the judge ruled against the nursing mother,and in favor of the medical exam board, and did not allow extra break time for pumping.
 
According to an earlier AP article run by the Philadelphia Inquirier on 9-13-07, this mother "has received special accomodations under the American With Disabilities Act for dyslexia and attention deficit disorder.  She has been granted permission to take the test over two days instead of one but is seeking an additional 60-minute break each day.  [The medical exam board spokesman said] other nursing mothers who have taken the exam have found the 45 minutes of permitted break time sufficient."
 
If I had to venture a guess, I'd say the judge didn't give her extra pump-break time because she'd already been given accomodation to take the test over two days rather than one.   
 
My advice to this test-taker would be:  have the baby and a caregiver at the test site, to allow in-person nursing immediately before and after the test.  Buy a Whisper Wear Pump, sit in the back row, and quietly pump during the test.  And take solace in the notion that you may not have won this battle, but you've stuck your toe in the door for the nursing mothers to follow.
 
Liz Brooks, JD, IBCLCWyndmoor, PA, USA
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