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West Chester breastfeeding case has divided Ohio Supreme Court

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By Tiffany Y. Latta, Staff Writer Updated 8:41 AM Friday, August 28, 2009

COLUMBUS — A West Chester Twp. company did not discriminate against a woman when it fired her for using a breast pump too often on company time, the Ohio Supreme Court ruled today, Thursday, Aug. 27.

Five of the seven justices found that LaNisa Allen of Colerain failed to prove Totes/Isotoner Corp. violated the Pregnancy Discrimination Act and that Allen “was simply and plainly terminated as an employee at will for taking an unauthorized, extra break” and failing to “follow directions.”

Justice Evelyn Lundberg Stratton said in court records that Allen admittedly took unauthorized breaks to pump her breast milk and failed to present a case that would allow justices to rule in her favor.

Justice Maureen O’Connor agreed in part. She went further in her statement, adding that lactating women are protected under the Pregnancy Discrimination Act.

“I would hold that lactation falls within the scope of (the Pregnancy Discrimination Act) that the statute prohibits employment discrimination against lactating women,” O’Connor wrote.

O’Connor also said she was disappointed that Stratton, the lead opinion on the case, failed to address the issue.

“The question of whether Ohio law recognizes discrimination claims based on lactation is one of great general interest. Allen and Isotoner, as well as all Ohio’s employees and employers, are entitled to the answer and to guidance on the contours of Ohio’s employment laws,” O’Connor wrote.

O’Connor continued: “It is our duty to provide that guidance and to answer the questions posed in this controversy.”

Justice Paul E. Pfeifer dissented, saying discrimination against lactating women is unlawful and that Allen deserves the opportunity to prove her claim before a jury.

Pfeifer also expressed disappointment that the lead opinion on the case failed to answer whether Ohio law protects breastfeeding mothers.

Justice Judith Ann Lanzinger dismissed Allen’s appeal, saying the Supreme Court should have denied hearing Allen’s case.

Contact this reporter at (513) 820-2180 or tlatta@coxohio.com.

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