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Wed, 19 Dec 2018 21:17:52 -0800 |
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To add to the conversation...
While teachers may NOT be covered by the federal law they are still covered by the Title VII pregnancy discrimination act. The PDA doesn’t give an affirmation right to teachers to break time under federal law, but lactation and choosing to pump during breaks that a teacher might already be afforded cannot be a source for demotions. Therefore if a teacher has a right to request a reasonable
Accommodation and it is denied when another person may receive a similar accommodation for a similar disabling condition then it may be construed as sex discrimination. For example a teacher requests that she not have to report to the playground during lunch for lunch supervision time becuEe she wants to pump. Her request is denied but they grant the request to a male
Teacher with a broken leg on the basis of temporary disability. This would be sex discrimination.
See the following guidance which includes the following statements:
https://www.eeoc.gov/laws/guidance/pregnancy_guidance.cfm
b. Discrimination Based on Lactation and Breastfeeding
There are various circumstances in which discrimination against a female employee who is lactating or breastfeeding can implicate Title VII. Lactation, the postpartum production of milk, is a physiological process triggered by hormones.[50] Because lactation is a pregnancy-related medical condition, less favorable treatment of a lactating employee may raise an inference of unlawful discrimination.[51] For example, a manager's statement that an employee was demoted because of her breastfeeding schedule would raise an inference that the demotion was unlawfully based on the pregnancy-related medical condition of lactation.[52]
To continue producing an adequate milk supply and to avoid painful complications associated with delays in expressing milk,[53] a nursing mother will typically need to breastfeed or express breast milk using a pump two or three times over the duration of an eight-hour workday.[54] An employee must have the same freedom to address such lactation-related needs that she and her co-workers would have to address other similarly limiting medical conditions. For example, if an employer allows employees to change their schedules or use sick leave for routine doctor appointments and to address non-incapacitating medical conditions,[55] then it must allow female employees to change their schedules or use sick leave for lactation-related needs under similar circumstances.
Finally, because only women lactate, a practice that singles out lactation or breastfeeding for less favorable treatment affects only women and therefore is facially sex-based. For example, it would violate Title VII for an employer to freely permit employees to use break time for personal reasons except to express breast milk.[56]
Aside from protections under Title VII, female employees who are breastfeeding also have rights under other laws, including a provision of the Patient Protection and Affordable Care Act that requires employers to provide reasonable break time and a private place for hourly employees who are breastfeeding to express milk.[57] For more information, see Section III C., infra.
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