Who knew!?
You know, I’ve been pregnant three times, gave birth to live, healthy babies three times and nursed each of my three babies. If breastfeeding my babies was not related to pregnancy, someone tell me what was going on with my body, k?
Kate Harding at Salon.com has an excellent take-down and analysis of this gobsmackingly narrow decision regarding Totes/Isotoner’s pregnancy discrimination that defies common sense.
In the strictest legal sense, the ruling is logical: Allen admitted she took unauthorized breaks, and that’s a firing offense. If she can’t prove that someone said, “Ha! Now’s our chance to get rid of her for being a woman!” then apparently, she can’t prove discrimination. But it’s manifestly weaselly to suggest that her “insubordination” can somehow be separated from the fact that she was lactating, especially since they were responding to a decision that included this colossal eye-roller:
“Allen gave birth over five months prior to her termination from [Isotoner]. Pregnant [women] who give birth and choose not to breastfeed or pump their breasts do not continue to lactate for five months. Thus, Allen’s condition of lactating was not a condition relating to pregnancy but rather a condition related to breastfeeding. Breastfeeding discrimination does not constitute gender discrimination.”
Of course not.
ZOMG.
Hey, you know – Totes obviously has no idea just how many women wear Totes-like socks during labor and delivery. Do they really want every hospital to stop purchasing those items from them? How about hotels, spas – also places lactating and pregnant women like to go – often for non-pregnancy related occasions.
Let me tell you something, Totes – you don’t think breastfeeding is connected to pregnancy? Well – I don’t think wearing your brand of socks is connected to keeping my tootsies warm anymore.
Game on.
NB: Anyone ask the thousands of doctors across the country, who tell women to breastfeed as long as possible because of the health benefits of breastfeeding to the babies, how they feel about this decision and whether breastfeeding is connected to pregnancy? And how about how our country ranks embarrassingly high on infant mortality, with countries like Germany, South Korea, Britain – oh, and Cuba doing better? Nah – guess Totes could care less about that.