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EEOC v. Houston Funding II Ltd.

Articles Discussing Case:

Fifth Circuit Holds Firing for Expressing Breast Milk Violates Title VII

Phelps Dunbar LLP • June 14, 2013
In EEOC v. Houston Funding II, Ltd., the Fifth Circuit Court of Appeals held for the first time that terminating an employee because she is lactating or expressing breast milk constitutes unlawful sex discrimination in violation of Title VII of the Civil Rights Act.

Lactation Discrimination Against Nursing Mother Violates Title VII

Franczek Radelet P.C • June 14, 2013
Last year the United States Equal Employment Opportunity Commission published its strategic enforcement plan in which the agency identified its priorities for the years 2013 to 2016. The EEOC listed accommodating pregnancy-related limitations as an emerging issue and a national priority on which it intended to focus. That focus has already paid dividends for the agency in EEOC v. Houston Funding II Ltd., where the Fifth Circuit Court of Appeals held that firing a woman because she is lactating or expressing milk constitutes unlawful gender discrimination under Title VII of the Civil Rights Act of 1964 (as amended by the Pregnancy Discrimination Act of 1978). The Pregnancy Discrimination Act amended Title VII to prohibit employment discrimination based on pregnancy, childbirth, or related medical conditions.