Boycott Isotoner/Totes for Firing Woman for Pumping Breastmilk "Too Much"

Lariah14

Ohio court rules mother's unauthorized pumping breaks were firable

The Associated Press Ohio - The Ohio Supreme Court says a company didn't discriminate against a mother who was fired for taking unauthorized breaks to pump milk from her breasts.

The high court ruled Thursday that LaNisa Allen failed to prove outerwear manufacturer Totes/Isotoner Corp. violated Ohio's Pregnancy Discrimination Act.

The court upheld a lower court's ruling that said Allen was fired for taking an extra break that wasn't authorized. Allen acknowledged in a deposition she had taken breaks without her employer's knowledge.

Justice Paul E. Pfeifer dissented, saying the lower court failed to explain why Allen's trips to the restroom were different from restroom trips other employees made outside scheduled break times.

Copyright 2009 The Associated Press. URL: https://www.msnbc.msn.com/id/32596514/ns/health-womens_health/

 

katie2shoes

what?? thats awful!!

madhatter2003

The thing is, as a manager, she should have gotten approval. I pump at work, but with the knowledge of my employer and my breaks are authorized.  Pumping breaks are necessary and no one should be fired over taking them, BUT you should get approval IF that is your company's policy for breaks.

Lariah14

I think the dissenting justice has a point- why were Allen's trips to the restroom different from restroom trips other employees made outside scheduled break times? If other employees did NOT need prior authorization to go to the restroom, should she be fired for going to the restroom "unauthorized" to perform a natural, bodily function? She was not going in and reading a magazine. IMO, I still think Isotoner/Totes Corp. could and SHOULD have reacted differently. It clearly is not a "breastfeeding friendly" workplace if the employee had to pump in the restroom....and then is fired for "unauthorized pumping." I will not purchase any of their products. I am also concerned about the legal precedent the OH case sets. Do you need to clock out everytime you use the restroom? What if it takes "too long" by someone else's standards (if you are having stomach problems or something)?

chigirlinaz

madhatter2003:

The thing is, as a manager, she should have gotten approval. I pump at work, but with the knowledge of my employer and my breaks are authorized.  Pumping breaks are necessary and no one should be fired over taking them, BUT you should get approval IF that is your company's policy for breaks.

 This.  I work in HR, so i know the importance of following the policies.  However, I do understand the need to pump as I have been pumping at work for the past 8 months.  Taking a break to pump is not the same as taking a restroom break. I don't know about you, but my restroom breaks take only a few minutes where pumping takes about 20 minutes.  However, I also have an office where I can just close the door and still be productive while I pump, so I don't have any direct experience with having to take an actual "break" to pump.  

madhatter2003

Not in my current job, but in my previous job as a bank teller we did have to 'check out' for EVERY break, including restroom breaks. It was a security issue.  If it's policy, it's policy.  It may be a stupid policy, but that's another issue entirely.

 I agree that it's not ideal at all in this country that women are still pumping in bathrooms (as I had to do as well) and being 'penalized' for breaks. BUT if she knew it was a problem (as she admited for taking unauthorized breaks), WHY didn't she just get permission? It would have been different if she'd asked and then been told no as that's just not cool....but just ASK and get approval is my point.