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Lawsuit claims law shields nursing mom

Supreme Court to rule on pregnancy discrimination case

LaNisa Allen holds her son Treyvion, 4, in their Colerain home Wednesday evening, March 18, 2009. When Treyvion was four months old, LaNisa was fired from her Totes/Isotoner Corp. job for using a breast pump on company time. Allen is suing the company and her case is now at the Ohio Supreme Court. Contributed photo by Jessica Uttinger

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By Tiffany Y. Latta, Staff Writer Updated 8:49 AM Monday, April 27, 2009

When LaNisa Allen returned to work after giving birth to her son, she never imagined she would have to choose between her job and breast-feeding.

But that’s what Allen, a former general laborer for Totes/Isotoner Corp. in West Chester Twp., said she felt she had to do in 2005 when a supervisor told her the only time she could use a breast pump to empty her milk was at an 11 a.m. lunch break.

“We had to be there at 6 a.m. That (waiting until 11 a.m.) was too long. ... My breast and back were hurting,” said Allen, 38, of Colerain, who said she fed her son before going to work at 5:30 a.m. and needed to pump her milk at least every three hours. “It was uncomfortable and I started leaking through my shirt.”

Allen’s solution was to sneak off to pump her milk at 10 a.m. after seeing co-workers take bathroom and smoke breaks. When discovered by supervisors, she was fired.

Allen sued, claiming pregnancy discrimination.

The Ohio Supreme Court will rule later this year on this novel point: whether pregnancy discrimination protects lactating women, too. (For more information on pregnancy discrimination, visit our Web site.)

Her attorney, John H. Forg III of Middletown, contends the Pregnancy Discrimination Act of 1978 includes lactating women because new mothers produce milk whether they want to or not.

“Employers cannot discriminate against women because of pregnancy or an illness related to pregnancy,” Forg said. “We contend that pregnancy would include lactation, because the physical changes in pregnancy also include lactation.”

Totes/Isotoner defended terminating Allen, saying that Allen wasn’t fired for lactating, but for taking unscheduled breaks, according to court documents.

“Whether Allen legally was entitled to receive an additional rest break or entitled to have her breaks rescheduled because she was lactating are questions that are not at issue because Allen restructured her own work schedule without asking her employer how or even whether she might do so.”

Calls to Totes/Isotoner attorneys were not returned prior to publication.

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Nursing provides preventative health benefits to the mother. Isotoner has made claims that they have changed focus to preventative health care & then FIRE someone who is preventing health costs for herself & the company in the future!"We employ a very basic premise at our client companies, which is "don't get sick, get help," versus, "get sick, then get help," says Joseph O'Brien, IHS president. http://www.industryweek.com/article...

ohio mom
1:20 PM, 8/31/2009

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CONT....
A simple hand washing is all that is necessary for her leaving the bathroom to return to work , just like everybody else who exits the stalls. She could be in and out in 20 minutes. We all need to look at the big picture here and not just dollar signs. This women needs 20 minutes every 3 hours to feed her baby (our future)the best possible food for his health and development. And for the record Brian it is MATERNITY LEAVE not PATERNITY leave and it is shameful how little time women get

Amy
1:10 PM, 8/31/2009

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I ask isotoner (and all who support this decision) to consider the health benefits of nursing to the MOTHER let alone the baby! Nursing helps protect some mothers from post pardum depression, can reduce the risk of breast, uterine, and ovarian cancer, as well as strengthen your bones-which in turn may offer some protection against osteoporosis. New studies as recent as Apr/May 2009 show that breast feeding reduces the risk of cardiovascular disease. (continued in next post)

ohio mom
1:09 PM, 8/31/2009

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"every two hours she would have to stop,go to a restroom,disrobe and pump,re dress,wash up and go back to the floor."

This comment to me just show the sad ignorance some have of breastfeeding and pumping. First of all Ms.Allen only needed to pump every three hours not two. Secondly Brian, a woman does not need to "disrobe","re dress" and "wash up" before and after pumping. All she has to do is lift you shirt and drop her nursing bras flaps down and presto boobo!

Amy
12:54 PM, 8/31/2009

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and to reply to 'julie' If she required to take insilin shots,that would happen once a day in the rarest of cases (assuming you take one before work,and one at your lunch break)

Dont forget she is a laborer. every two hours she would have to stop,go to a restroom,disrobe and pump,re dress,wash up and go back to the floor. This business is trying to make money. they need laborers that can labor. Fact! she is not ready to come back to workand perform in the same capacity she did prior to leave

Brian Hoffpauir
10:14 PM, 8/30/2009

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