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Pregnancy discrimination complaints increasing

By Tiffany Y. Latta, Staff Writer Updated 6:54 AM Monday, April 27, 2009

A record number of women filed pregnancy discrimination complaints in the past decade, signaling more women demanding equal treatment in the workplace.

The number of pregnancy discrimination complaints filed with the Equal Employment Opportunity Commission soared to 6,285 in 2008, up 12 percent from the previous year and 50 percent in the past decade.

During that same period, the number of complaints in Ohio increased to 230, up from 205, with four discrimination filings in Butler County and 21 in Warren County.

“People are becoming more aware of the issue and more aware that there is something that they can do,” said Equal Employment Opportunity Commission Assistant Legal Counsel Dianna Johnston.

The spike in complaints reflects a growing number of women in the workplace during and after pregnancy and the nearly 5 percent growth of working women with children under 18 during that same period.

John Folkerth Jr., a Southwestern Ohio attorney, said the groundswell doesn’t necessarily mean more employers are discriminating against women.

“There’s always been discrimination. It’s just been more recently that more working women are inclined to do more about it, especially when its harder to find another job,” Folkerth said. “When jobs are harder to come by it’s more of a necessity to object when discriminated against than just finding another job.”

The EEOC report comes 30 years after the passage of the Pregnancy Discrimination Act of 1978 and at a time when the Ohio Supreme Court is considering whether the law protects lactating women.

The case involves LaNisa Allen of Colerain. She was fired from Totes/Isotoner Corp. for taking an unauthorized for break to pump her breast milk.

Dr. Sheela R. Geraghty, medical director of the Center for Breastfeeding Medicine at Cincinnati Children’s Hospital Medical Center, doesn’t know Allen, but was appalled after hearing her story.

“It’s just ridiculous, especially if they allow their employees to take smoking breaks,” Geraghty said. “It’s uncomfortable not to pump. But the bigger issue is if she doesn’t pump her supply will go down and she won’t have enough milk for her baby.”

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

The Pregnancy Discrimination Act ensures women who are pregnant or affected by a related condition are treated in the same manner as other applicants or employees with similar abilities or limitations.

“The law is not clear. The EEOC has never argued a cases involving a lactating mother,” said Eernest Heffner, EEOC senior attorney adviser.

EEOC officials say most women who bring complaints have been fired by employers who don’t want to pay maternity leave or demoted by an employer that believes their job will suffer because of their new responsibilities at home.

Heffner and Johnston said other women have likely encountered a similar issue as Allen, but said she may to the first to argue the point in court.

“This case could put pressure employers (to make arrangements for lactating women,’’ Johnston said. “...The fact that it (this case) exists suggests that there is some need for action in this area.’’

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It may also be that in today's economy that there are probably 50 percent more pregnant woman that have tow ork to help make sure there is food on teh table than a decade ago! Anyone consider that?

have2work
11:39 AM, 4/27/2009

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