On Wed, 11 Feb 2009 22:18:54 -0500, Karen Gromada <[log in to unmask]> wrote:

>Jake, can you go into more depth re: what distinguishes the NC law from ours
>in Ohio? Seems similarly worded (
>http://www.ncsl.org/programs/health/breast50.htm#). About 2 years ago a
>mother did file a claim with the OH Civil Rights Commission (after first
>trying to talk to the business in question). Her claim set a precedent and
>she won a settlement, plus there was quite a bit of publicity about the
>law.
>
>Thanks for any help with this...
>
>Karen
>

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. 

Yours,
Jake

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