Did Firing for Extended Break to Use Breast Pump Violate State Law that Bars Discrimination Based on Pregnancy?
LaNisa Allen v. Totes/Isotoner Corp., Case no. 2008-0845 12th District Court of Appeals (Butler County) ISSUE: Does a state civil rights statute that prohibits workplace discrimination “because of or on the basis of pregnancy” or “any illness arising out of and occurring during the course of pregnancy, childbirth or related medical conditions” require an employer to allow a woman who is breastfeeding to take unscheduled breaks to use a breast pump to express milk at a time when it is necessary for her to do so to relieve physical pain? In this case, LaNisa Allen was hired by a contract employment agency to work as a general laborer at a Totes/Isotoner Corporation warehouse in West Chester. The position was advertised as temporary, with the possibility of becoming permanent after 90 days. At the end of a new employee orientation session, Allen told the agency supervisor that she was still breastfeeding her five month old child, and would need to pump her breasts to empty them of milk du
