Fifth Circuit Holds That Lactation Is A Medical Condition of Pregnancy And Is Covered By Title VII

Last week, in Equal Employment Opportunity Commission v. Houston Funding II, Ltd. et al., No. 12-20220, 2013 WL 2360114 (5th Cir. May 30, 2013), the U.S. Court of Appeals for the Fifth Circuit handed the EEOC a nominal victory by holding that employment decisions based on lactation or expressing breast milk can provide a basis for discrimination claims under Title VII and the Pregnancy Discrimination Act (“PDA”).

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