The Supreme Court has refused to take up the case of a woman who believes her employer discriminated against her for being a nursing mother. At issue is a lawsuit brought on by Angela Ames, a former employee of Nationwide Insurance Company. In all candor, the company whose tag lines includes the jingle that “Nationwide is on your side” can hardly have been less supportive of the new mother. Ames had taken a leave of absence from the company, either by using vacation time or invoking the Family and Medical Leave Act (FMLA).
Upon return to work, it actually appears that she faced hostility from her manager who was upset over her leave of absence. She was told she would have to complete all of the work she missed out on within a fortnight or face company discipline. She was also told she could not use the special lactation room for nursing mothers until she completed three-days of in processing.
It was this latter requirement that caused her much consternation. She desperately needed to express the milk from her breasts, which had become painfully swollen, but the alternative room offered to her was occupied and lacked privacy. Unable to find a place to express the milk, her breasts began to leak.
In addition, her manager rebuked her saying it would be better for her to return home and care for her children. He supposedly dictated to her the wording of her resignation which she subsequently tendered. A lower circuit court ruled that discrimination on the basis of not being afford a place to lactate is without merit because under certain conditions men too may lactate. As odd as the ruling sounds, it was a success for feminism: man and women were treated equal in terms of lactation. Admittedly, the feminist movement often applies its tenets arbitrarily and is unhappy with the court’s decision.