I was pleasantly surprised to find that my comment box was not inundated with hate mail, in response to my less than sympathetic view of the doctor-to-be who sued to get more break time to pump her breasts. This type of incident does not benefit women, I’m sorry to say, even though that is so politically incorrect of me to say so.

As I mentioned in my post yesterday, the Board has already bent over backwards for her, by giving her an extra day to take the test, and supplying her with a private room and a breast pump, so she can pump while taking the test. Yes, you can do two things at a time. I know writers who conduct telephone interviews while they’re nursing their babies, and having worked in the NICU, have seen thousands of women pump. Some read while pumping, others talk on the phone or to their spouse/family member–one mom worked on her taxes. So please, this woman could have easily attached her boob to the pump and continued working on her exam.

Nursing moms have now become the new cause celebre. And while I certainly hope that we can stop the prudishness and gasping at the thought of a woman nursing a baby in public, I think that we also have to keep from going overboard on it. I remember a story that came out a number of years ago, about a new mother who was suing her employer. It may have been Microsoft, I’m not sure. At any rate, she had held some fancy position prior to giving birth, and was suing because she felt that she was being discriminated against.

There were two issues; one, she claimed that they refused to accommodate her need to pump her breasts, and two, she had been demoted from her fancy job.

Terrible, right? Poor woman. Well, on closer look….she had been given a place to pump but she didn’t like it. I guess the decor wasn’t fancy or plush enough for her. However, the company had very limited available space, and they had made over a small room for her. I suppose she felt that the CEO should have been booted out of the office to make way for her to pump…but after reading the details, it did seem like they had made every effort to find her a private and comfortable place.

On the second issue, she seemed to think that now that she was a parent, she could redefine her job description. Her former job was a high power one, and required a lot of time and effort. You know the score–weekends, evenings, and a lot of travel. Well, she said that now that she had a baby, she couldn’t travel anymore and wasn’t going to do weekends or evenings, or anything beyond 9-5. Hello???

If the job no longer suited her new lifestyle, then she should have quietly asked for a transfer or resigned. This is her choice. She does not have the option, however, to dump her own responsibilities on other people (who may also have families) or to refuse to perform the duties required of a person in her position.

The company refused to give in and so Ms. New Breast feeding mom sued. I don’t remember what happened, but I doubt that she had a leg to stand on. I think this kind of stuff only makes it worse for women, and I think in the long run, may make it more difficult.

For example, New Mexico passed a law recently that requires both public and private employers to create a clean place for breast pumping near a mother’s work station but not inside a bathroom. Well that sounds all nice and good, it could be a tremendous hardship for a small business, or outright impossible. What if there are no spare rooms that can be used?

A cubicle can be screened off, providing that the new mom is okay with that and doesn’t go and file a lawsuit because her employer isn’t renting her a room at the Ritz. A space can be cleared in a supply closet, and a sign put up on the door when the mother is using it. But if you get people like the woman who sued to get an extra 60 minute break to pump, then its going to be messy. Several other states already have these statutes, and I wonder if it has led to young women being discriminated against when applying for a job? And especially, if a woman is pregnant.

What it boils down to is how much accommodation the employer is expected to supply. If it’s a store, or a restaurant, then space is going to be at a premium and they are not going to be able to set up a sanctuary for breast pumping. I think the law would be more coherent if it spelled out expectations, and divided it up by company size and type. While I think that most women will be happy as long as they can sit down, plug in their pump, and have some privacy, there are others who will squeal and cite that the “law requires a breast feeding room that is near my work station.” A room used to stock office supplies isn’t good enough for them, even though it’s the only real choice. Plus, it takes more than 10 steps from their desk to get there. And some degenerate lawyer will take the case, no doubt. Which is why I cringed over the case of the woman taking the medical boards. It can definitely stick ideas into the heads of those who are lawsuit prone and think the universe revolves around them.

Also, another issue that may eventually come into play is how much accommodation do we give to one specific subpopulation? And this is a rhetorical question, but it is already happening. I’ve read about situations where employees with families think its okay for single people to work overtime but not them. They have to leave early for soccer practice, but hey, John is single and certainly won’t mind finishing up my work. They can’t go on a business trip because Saturday is Maddy’s ballet recital–oh, you mean it’s part of my job? Well can’t John go? Single people have nothing to do.

I was amazed by some of these attitudes when I was working as a nurse. There were a few of my coworkers who really thought that because I wasn’t married with kids, that all I did in my spare time was walk around malls and talk on the phone. That there was nothing of value or interest in my life, and that I was available to come into work at any time. Two coworkers didn’t even think that single people should have the option of having Christmas off. In their minds, first dibs went to nurses with kids. It never occurred to them that a single person, or even a married one without kids, could possibly have anything to do on Christmas, or had any right to enjoy and celebrate the holiday.

Again, back to accommodation, and some questions:

Should a breast feeding mom be allowed to have a flexible schedule at work, even though that flexibility is not extended to other workers? And I should add, workers who would like some flexibility?